Setback For AAP As Supreme Court Upholds Delhi LG's Power To Appoint Civic Body Members

In a setback for the Aam Aadmi Party (AAP) government in Delhi, the Supreme Court has upheld the Lieutenant Governor's (LG) power to independently nominate members to the Municipal Corporation of Delhi (MCD).

A bench comprising Chief Justice DY Chandrachud and Justices Narasimha and JB Pardiwala ruled that the LG has the statutory power to appoint aldermen to the MCD without seeking the aid and advice of the Delhi government. 

The court held that this power is derived from the Delhi Municipal Corporation Act and is not an executive power that requires the LG to act on the advice of the council of ministers.

The verdict comes after the Delhi AAP government petitioned the court to quash notifications issued by the LG appointing 10 members to the MCD without consulting the elected government. The Delhi government argued that the LG could not bypass the elected government and make appointments on their own initiative.

On May 17 last year, the court reserved its decision. It had previously warned that granting the L-G power to nominate aldermen might destabilise the democratically elected MCD. The MCD has 250 elected and 10 nominated members.

In December 2022, the AAP defeated the BJP in the MCD elections, ending the saffron party's 15-year rule. The AAP won 134 seats, the BJP 104 and the Congress nine.