In a significant setback for the Aam Aadmi Party government, the Supreme Court ruled today that the Lieutenant Governor has the authority to nominate aldermen in the Municipal Corporation of Delhi (MCD) without the aid and advice of the Delhi government.

The bench declared that the Lieutenant Governor's authority to nominate members to the civic body is a statutory power, not an executive one.

This ruling was delivered by a bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, who had reserved their verdict last year. Initially, the Supreme Court's website indicated that Justice Narasimha would pronounce the verdict.

Justice Narasimha clarified that Section 3(3)(b) of the Delhi Municipal Corporation Act stipulates that the Lieutenant Governor can nominate ten persons who are at least 25 years old and possess special knowledge or experience in municipal administration.

"It is incorrect to suggest that power in Delhi LG was a semantic lottery. It is law made by the Parliament, it satisfies the discretion exercised by LG since law requires him to do so and falls under the exception of Article 239. It was 1993 DMC Act which first vested the power to nominate on LG and it is not a relic of the past," he said.

The judge also stated that a five-judge bench of the Supreme Court had previously ruled that Parliament can legislate on the state and concurrent lists for Delhi. "Since Parliament has conferred the power on the LG to nominate ten aldermen, the AAP government cannot contest this," he said.

The Municipal Corporation of Delhi comprises 250 elected and 10 nominated members. The ruling AAP currently controls it, having won 134 seats in the 2022 elections, while the BJP holds 104 seats.

Last year, the Supreme Court indicated that granting the Lieutenant Governor the power to nominate aldermen to the MCD could potentially destabilize an elected civic body. Senior advocate Abhishek Singhvi, representing the Delhi government, argued that the state government has no separate powers to nominate individuals to the MCD. He noted that the practice of the Lieutenant Governor nominating aldermen with the aid and advice of the city government had been followed for three decades.

Additional Solicitor General Sanjay Jain, representing the Lieutenant Governor's office, countered that just because a practice has been followed for 30 years does not mean it is correct.

The AAP has described the Supreme Court's verdict as a "jolt to democracy." "Bypassing an elected government and giving all powers to the Lieutenant Governor so that he runs Delhi using a stick is not right for democracy. We respectfully disagree with the Supreme Court ruling. The verdict contradicts the bench's observations during the hearing," said party MP Sanjay Singh, adding that the party will decide on the next step after reviewing the judgment.

The Arvind Kejriwal-led AAP government in Delhi has long argued that the Centre maintains a stranglehold on the national capital through the Lieutenant Governor, hindering the elected city government's ability to execute its duties effectively.

BJP MP Praveen Khandelwal stated that the Supreme Court's verdict makes it clear that the Lieutenant Governor appointed aldermen according to the law. "The Aam Aadmi Party has a habit of making allegations on every issue. Their politics has been rejected by the court," he said.