The Delhi Government has received a setback from the Supreme Court. The court has clarified in its ruling that the Lieutenant Governor (LG) can appoint aldermen in the Delhi Municipal Corporation (MCD) at his discretion.
The Supreme Court stated that the LG is not bound to seek the Delhi Government’s advice or assistance for appointing aldermen in the MCD. The court had reserved its judgment on this matter on May 17, 2023.
The Delhi Government, which had approached the Supreme Court against the decision of the LG to appoint 10 aldermen, argued that the LG made these appointments arbitrarily without consulting them, and therefore, the appointments should be annulled.
During the hearing, the LG stated to the court that while he needs to work with the Delhi Government’s advice and assistance on administrative matters, the appointment of aldermen in the municipal corporation does not fall under this requirement. The court had questioned how the LG could make decisions without the advice of the council of ministers.
Solicitor General Tushar Mehta responded that the appointment of aldermen was made based on changes in the Union Territory of Delhi Government Act in 2019. Delhi Government’s counsel Abhishek Manu Singhvi argued that the appointment of aldermen is the Delhi Government’s prerogative, and despite this, democratic principles are being undermined.
