Supreme Court 'questions' Lieutenant Governor's power to nominate Municipal Corporation of Delhi members

New Delhi : The Supreme Court Tuesday asked about the “source of power” of the lieutenant governor under the Constitution and the law to nominate 10 aldermen to the Municipal Corporation of Delhi (MCD) without the aid and advice of the elected government. A bench headed by Chief Justice D Y Chandrachud, hearing a petition filed by the AAP government challenging the nominations by the LG to the MCD, asked Additional Solicitor General Sanjay Jain, appearing for the office of the lieutenant governor, about the source of power with regard to the nominations. “

What is the source of power for you to nominate? Show us the source of power of LG. Does the Constitution recognise the power of LG to appoint aldermen?” the bench asked. The law officer referred to the reply filed by the office of the LG and the constitutional scheme and said the concept “aid and advice” , in the context of the administrator's power to nominate members in the MCD, is different from the one which has been portrayed by the Delhi government here. Jain said the file pertaining to nominations to the MCD directly came to the office of LG as he is the administrator and the concept of aid and advice is not applicable in this case. On being told that the office of the LG has filed its fresh response to the petition, the bench said it will hear the plea on Wednesday after perusing the reply. Senior advocate Abhishek Singhvi, appearing for the Delhi government, referred to the 2018 and recent constitution bench judgements on control over services and said the LG has to act as per the aid and advice of the government and he should have taken back the nominations by now. “There are 12 zones, 12 ward committees and aldermen can be appointed to any committee..for the first time in last 30 years, the LG has directly appointed members in the MCD and earlier it was always based on aid and advice (of the government),” he said.

Earlier on May 12, the top court observed the lieutenant governor has to act on the “aid and advice” of the council of ministers of the Delhi government in nominating 10 aldermen to the MCD. A five-judge constitution bench held last Thursday that the Delhi government has legislative and executive powers over all but three services – public order, police and land, and substantially clipped the wings of the Centre's point man in running day-to-day administration of the national capital.