SC rules that Delhi LG has power to appoint aldermen to Municipal Corporation without seeking aid and advice of Council of Ministers.
Justice PS Narasimha pronounced the judgment for the Bench comprising him along with Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala.
In its petition AAP-led Delhi government claimed that this was the first time since Article 239AA of the Constitution came into effect in 1991 that such a nomination has been made by the LG by completely bypassing the elected government.
According to the Delhi government's petition, the only two courses of action open to the LG were to either accept the proposed names recommended to him for nomination by the elected government or differ with the proposal and refer it to the President.
The Supreme Court had sought the response of the Delhi LG, VK Saxena in the matter in March last year.
During the hearings, the CJI had orally remarked that the nomination of aldermen by the LG could destabilise the democratic functioning of the MCD. In May 2023, the Court reserved its verdict.
Notably, on account of the pendency of the verdict, the standing committee of the MCD could not be constituted as the ten alderman are part of the body which elects this committee.
