Supreme Court Upholds Delhi LG's Nomination of 10 Aldermen, Blow to AAP

In a setback to AAP, the Supreme Court upheld the Delhi LG's decision to nominate 10 aldermen to the MCD. The court ruled that the LG acted within his statutory rights, refuting the AAP's challenge against the nominations which bypassed the elected government.

In a significant blow to the Aam Aadami Party (AAP), the Supreme Court on Monday upheld the Delhi Lieutenant Governor's (LG) decision to nominate 10 aldermen to the Municipal Corporation of Delhi (MCD). A bench comprising Chief Justice of India DY Chandrachud, Justices Narasimha, and JB Pardiwala ruled that the LG is expected to act as per the statutory mandate, not based on the aid and advice of the Delhi government.

The apex court's decision came in response to a plea by the Delhi government challenging the Lieutenant Governor's nomination of the aldermen. The government argued that this statutory power should not have been exercised independently, as the LG circumvented the elected administration. The AAP had claimed that these nominations, particularly in the ward committees where the BJP was weak, undermined the elected government's authority.

Counsel for the LG contended that authorization from the Delhi government was not required for this statutory power. After AAP's municipal election victory, the LG's appointment of 10 aldermen was contested. The petition by the Delhi government sought to annul the orders from January 2023, which saw the LG independently appoint 10 members, bypassing the council of ministers' advice. The AAP said such a move violated Article 239AA of the Constitution for the first time since its enactment in 1991.