‘Why is the central government so interested in nominating a councillor?’, when in the MCD Alderman case

MCD Alderman Case: The Supreme Court has reserved its decision on the petition against the nomination of councilors on behalf of the Lieutenant Governor in the Municipal Corporation of Delhi (MCD). The Delhi government has filed a petition opposing the appointment of nominated councilors called aldermen by the LG. On the other hand, the LG has said that in the administrative works of Delhi, he has to work with the advice and assistance of the Delhi government, but the nomination of councilors in the Municipal Corporation does not come under this purview.

Additional Solicitor General said this
Additional Solicitor General Sanjay Jain, appearing for the Lieutenant Governor’s office, said that the assembly in Delhi has been formed by special provision made under Article 239AA of the Constitution. The Government of Delhi has also been formed under this, but the functioning of the Municipal Corporation is run under Article 243 of the Constitution.

Prior to 1992, when Delhi was a fully union territory, only centrally appointed administrators used to appoint aldermen in the MCD. Now this right is with the Lieutenant Governor instead of the Administrator. Therefore, they have nominated 10 corporators.

Were the Lieutenant Governor and the Delhi government wrong
Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government, said, “For the last 30 years, different lieutenant governors have been appointing aldermen on the advice of the Delhi government. All of a sudden the LG is saying that legally this right rests directly with him. It means that all the previous Lieutenant Governors and the Delhi Government were wrong.

When the Constitution of the Supreme Court has said that the Lieutenant Governor has to act with the advice and aid of the Delhi government, it is applicable in the case of MCD as well.” Aldermen are members of the Ward Committee and vote in the election. In this way, the councilors nominated by the Lieutenant Governor will influence the majority during the election.

Why is the central government interested in nominating the corporator?
While reserving the verdict, a bench headed by Chief Justice DY Chandrachud said that why is the central government interested in nominating councilors in a municipal corporation? If the Lieutenant Governor is given the right to nominate 12 expert members who understand the working of the corporation, then it can create problems in the work of the government elected by the people.

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