Alderman appointment case in Delhi MCD, Supreme Court reserves judgment


Municipal Corporation of Delhi in the Supreme Court todaymcd) Hearing was held in the matter of appointment of 10 Alderman. The apex court has reserved the verdict after the hearing. The appointment of 10 ‘aldermen’ in the MCD without the aid and advice of the elected government was challenged by Delhi’s Arvind Kejriwal government.

Court’s strict comment on appointment of Alderman

The Supreme Court, while hearing the case, commented strongly and said, giving the Lieutenant Governor the right to nominate ‘alderman’ in the Municipal Corporation of Delhi means that he can destabilize the elected municipal body.

The CJI questioned the power source of the Lieutenant Governor

hearing before Chief Justice DY Chandrachud A bench headed by Justice asked Additional Solicitor General Sanjay Jain about the source of power of the Lieutenant Governor. What is the source of power with you to nominate, the bench asked. Show us the source of the power of the Lieutenant Governor. Does the constitution recognize the power of the lieutenant governor to appoint aldermen?

‘I don’t want to engage with Law Minister’, says CJI DY Chandrachud on collegium system controversy

The Supreme Court reserves its order on a plea of ​​the Delhi government challenging the nominations of 10 ‘aldermen’ by the Lieutenant Governor to the Municipal Corporation of Delhi (MCD).

— ANI (@ANI) May 17, 2023

Additional Solicitor General Sanjay Jain argued in the court

Additional Solicitor General Sanjay Jain argued in the court that the file relating to nominating members in the MCD came directly to the office of the Lieutenant Governor as he is the administrator and the concept of aid and advice does not apply in this case.

Delhi government cited constitution bench in court in 2018

Senior advocate Abhishek Singhvi, appearing for the Delhi government, referred to 2018 and recent constitution bench judgments with regard to control over the services and said the LG has to act as per the aid and advice of the government and withdraw the nominations till now. Should have taken “There are 12 zones, there are 12 ward committees and aldermen can be appointed in any committee… For the first time in the last 30 years, the Lieutenant Governor has directly appointed members in the MCD and earlier it was always (of the government),” he said. Was based on help and advice.

Legislative and administrative control with Delhi government

Last Thursday, a five-judge constitution bench unanimously ruled that the Delhi government has legislative and administrative control over services other than public order, police and land.


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