The Supreme Court gave its verdict to support the Delhi LG’s right to appoint independent aldermen for the MCD without obtaining permission from the Delhi state cabinet, which is a huge blow to the AAP government in Delhi.
After the verdict, AAP decided to reinforce its strategies stating that democracy is not a goal yet.
AAP MP Sanjay Singh said, ‘This ruling is unfortunate, It is a big blow to democracy’ ‘This decision is on the dark side of democracy, this is contrary to the observations made by the court during the hearing’, the MP said, ‘Once we have gone through the entirety of the order, though the summary is already distasteful enough, we will be formulating our strategy’.
Delhi BJP Welcomes The Verdict
The Delhi BJP welcomed the Supreme Court’s verdict and condemned AAP for its reaction to the same. Taking serious exception to the attack on LG by AAP leaders, Delhi BJP President Virendra Sachdeva said AAP has “developed a habit of questioning” the LG. He said, “L-G has been appointing the aldermen to the MCD for decades and we condemn AAP MP Sanjay Singh’s reaction to SC’s verdict which shows an anarchist attitude of his party. ”
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Consequently, the Supreme Court ruling that triggered this research effort addressed the following facts:
The bench comprising Chief Justice DY Chandrachud, Justices Narasimha and JB Pardiwala said that the LG has a statutory obligation to appoint ten aldermen to the MCD and this cannot be interfered with by the aid and advice of the state cabinet. This was done while noting that the bench of the Supreme Court needs to adhere to the provision of the said statute’s mandate.
The court explained that under Section 3(3)(b)(i) of the DMC Act which was amended in 1993, the LG has the authority to appoint the aldermen. According to the bench, this authority is not a ‘’Relic of the past’’ and does not constitute an unconstitutional exercise of the power of the commission.
This followed the Delhi government’s appeal after the LG nominated 10 aldermen to the MCD. The Supreme Court had given an interim verdict in the case in May of the previous year, cautioning that according to the provisions of the RWA act, if LG were to be given the power to nominate aldermen it could potentially ‘unstabilize the democratically elected MCD’.
Report By: Sonali Sarkar
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