THE SUPREME Court observed on Wednesday that giving the Lieutenant-Governor (L-G) the power to nominate aldermen to the Municipal Corporation of Delhi (MCD) will mean that he can “effectively destabilise the democratically elected” civic body. The bench, led by Chief Justice of India D Y Chandrachud, was hearing a plea filed by the Delhi government, challenging the nomination of 10 aldermen by the L-G. The bench, also comprising Justices P S Narasimha and J B Pardiwala, reserved its order. “Is the nomination of people who have specialised knowledge in a local body such great concern to the Union of India that the Union of India’s representative should choose. By giving this power to the L-G, he can effectively destabilise the democratically elected municipal corporation, because these people will sit in the standing committees, ward committees,” the CJI said. In its plea, the Delhi government sought quashing of the orders and notifications dated January 1, 2023 and January 4, 2023 issued by the L-G, naming 10 persons as nominated members of the MCD under the Delhi Municipal Corporation (DMC) Act, 1957. It also sought directions to the L-G to nominate members “in accordance with the aid and advice” of the council of ministers. The AAP won the civic elections in December last year, ending the BJP’s 15-year run at the helm of the MCD. Appearing for the L-G, Additional Solicitor General Sanjay Jain sought to draw a distinction between the role of the L-G under Article 239AA, which grants special status to Delhi, and his role as MCD administrator. He contended that it was a statutory power specifically granted by the DMC Act. He referred to the counter-affidavit filed by the L-G which said “the governance of municipalities is independent of the regime of governance of the elected state governments”, and added that the exercise of powers by the L-G as MCD administrator was distinct from those which require him to act “in accordance with the aid and advice” of the council of ministers. “MCD is an institution of self-governance and the role of the administrator. is not a mirror image of what is provided either under Article 239AA (which grants special status to Delhi) or under the GNCTD (Government of the National Capital Territory of Delhi) Act,” he said. Appearing for the Delhi government, Senior Advocate A M Singhvi sought to rely on two Constitution bench judgments, including the recent one on control over services, to emphasise that the L-G has to act “on the aid and advice” of the council of ministers. To a query from the bench, Singhvi said there is no separate power, statutory provision, rule or regulation which gives a quota or system for the state government to nominate members. He, however, argued that in the last 30 years, this was the first time the L-G had nominated members on his own. “Never has it been that the L-G appoints in his own name,” he said. The CJI, however, pointed out that it was only a practice. “Just because a practice has been followed for years, it doesn't mean it is correct," responded ASG Jain. Singhvi said the SC was being asked to change the entire concept of “aid and advice”. Justice Narasimha pointed out that the latest Constitution bench judgment had said that though the GNCTD has executive powers, where the Parliament has made a law, the state’s power would be subject to that. On May 11, a five-judge Constitution bench chaired by the CJI said that in a democracy, “the real power of administration must reside in the elected arm of the state”, and held that the Delhi government will have legislative and executive control over administrative services, except with regard to public order, police and land.
