According to the Delhi government’s plea, the LG’s nomination of this kind was made without any input from the elected administration for the first time since Article 239AA of the Constitution went into effect in 1991. Additionally, it was specified that the LG could refer a matter to the President if there was a disagreement of view and that he was required to act on the assistance and advice of the Council of Ministers. The Delhi government’s petition stated that the LG had just two options: accept the names the elected government had suggested for nomination or reject the recommendation and refer it to the President.
Senior Attorney Abhishek Manu Singhvi argued at the court on behalf of the Delhi government that the LG had never nominated members in his name before. Where LG is stated, he claimed, it means “upon assistance and advice of Council of Ministers.” The meaning of “aid and advice” is being sought to be modified in this way after being followed for 30 years.
According to Additional Solicitor General Sanjay Jain, the simple fact that a practice has been in place for 30 years does not change the fact that it is illegal.
Supreme Court Verdict
The Delhi government, led by the Aam Aadmi Party, complained to the Supreme Court that the Lieutenant Governor (LG) of Delhi had appointed ten aldermen to the Municipal Corporation of Delhi (MCD) without the consent or advice of the Delhi government’s cabinet. The bench comprising the Chief Justice of India (CJI), DY Chandrachud, and Justices PS Narasimha and JB Pardiwala reserved its decision. The Bench stated that because these aldermen have voting rights, their candidature might essentially unsettle the MCD.
The Bench concluded that the LG may essentially undermine the democratically elected Municipal committee by giving him this authority. They can also cast ballots. After that, the Court set the matter aside for order. Aldermen are not permitted to vote in the corporation’s mayoral elections, according to a ruling by the Supreme Court in February.