In a big setback for the Aam Aadmi Party government, the Supreme Court today ruled that the Lieutenant Governor can nominate aldermen in Municipal Corporation of Delhi (MCD) without Delhi government’s aid and advice.

The Lieutenant Governor’s power to nominate members to the civic body is a statutory power and not an executive power, the bench said. The bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala had reserved its verdict in the matter last year. The Supreme Court’s website earlier said Justice Narasimha will be pronouncing the verdict.

Justice Narasimha said Section 3(3)(b) of Delhi Municipal Corporation Act lays down that the Lieutenant Governor can nominate 10 persons not less than 25 years of age and with special knowledge or experience in municipal administration.

“It is incorrect to suggest that power in Delhi LG was a semantic lottery. It is law made by the Parliament, it satisfies the discretion exercised by LG since law requires him to do so and falls under the exception of Article 239. It was 1993 DMC Act which first vested the power to nominate on LG and it is not a relic of the past,” he said.

The judge also said that a five-judge bench of the Supreme Court has earlier ruled that Parliament can legislate on state and concurrent lists of Delhi. “As Parliament has conferred power on LG to nominate 10 aldermen, AAP government cannot quarrel with that,” he said.

The Municipal Corporation of Delhi has 250 elected and 10 nominated members. Currently, the ruling AAP controls it after winning 134 seats in the 2022 polls. The BJP holds 104 seats.

The Supreme Court had said last year that giving the Lieutenant Governor the power to nominate aldermen to MCD will mean he can destabilise an elected civic body.

Senior advocate Abhishek Singhvi, the Delhi government’s counsel, had contended that the state government has been given no separate powers to nominate people to MCD. A practice of the Lieutenant Governor nominating aldermen on the aid and advice of the city government has been followed for three decades now, he had said.

Additional Solicitor General Sanjay Jain, appearing for the Lieutenant Governor’s office, had argued that just because a practice has been followed for 30 years does not mean it is correct.

The AAP has described the Supreme Court verdict as a “jolt to democracy”. “You are going to bypass an elected government and give all powers to the Lieutenant Governor so that he runs Delhi using a stick. This is not right for democracy. We respectfully disagree with the Supreme Court ruling. The verdict is at odds with the bench’s observations during the hearing,” party MP Sanjay Singh has said, adding that the party will decide on the next step after going through the judgment. 

The Arvind Kejriwal-led AAP government in Delhi has for long argued that the Centre maintains a stranglehold on the national capital through the Lieutenant Governor and the elected city government does not have powers to execute its duties properly. 

BJP MP Praveen Khandelwal has the Supreme Court verdict makes it clear that the Lieutenant Governor appointed aldermen as per the law. “Aam Aadmi Party has a habit of making allegations on every issue. Their politics has been rejected by the court,” he said.