If power is given, LG may destabilise elected MCD: SC

Giving the lieutenant governor the power to nominate aldermen to the Municipal Corporation of Delhi will mean he can destabilise an elected civic body, the Supreme Court observed on Wednesday and wondered whether these nominations were of so much concern to the Centre.
A bench of Chief Justice D.Y. Chandrachud and Justices PS Narasimha and JB Pardiwala made this observation while reserving its verdict on the plea of the Delhi government challenging the LG’s power to nominate aldermen.
The MCD has 250 elected and 10 nominated members.
In December last year, the Aam Aadmi Party (AAP) defeated the BJP in the civic elections, winning 134 wards and ending the saffron party’s 15-year run at the helm of the MCD. The BJP won 104 seats and the Congress finished a distant third with nine.
“Is the nomination of 12 specialised people in MCD of that much concern to the Centre? Actually, giving this power to the LG would effectively mean that he can destabilise the democratically elected Municipal Committees because they (aldermen) will have voting powers also,” the bench said.
Additional Solicitor General Sanjay Jain, appearing for the LG’s office said in the context of Delhi, it is pertinent to note that the 69th amendment came and GNCTD Act was notified, which collectively contain mechanism for governance of Delhi.
The 69th Amendment Act of 1991 accorded a special status to the Union Territory of Delhi by designing it as the National Capital Territory of Delhi.
The bench told Jain his submission means that MCD is an institution of self-governance and that the role of LG here is distinct from the role of administrator when he acts on the aid and advice of the Council of Ministers under Article 239AA.
Referring to the Act, Jain said there are some powers which are entrusted to administrators and some others are given to the government.
Justice Narasimha asked Jain whether he means the power conferred upon the administrator is independent of the state and cannot be given to the state government.
The bench said giving the LG the power to nominate aldermen will effectively mean that he can destabilise a democratically elected MCD because these aldermen get appointed to the standing committees and have voting power.