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Supreme Court has noted that in an earlier decision it had ruled that Parliament could legislate on state and concurrent lists of Delhi over the elected government's jurisdiction
The Supreme Court of India has upheld the Delhi Lieutenant Governor's decision to appoint 10 aldermen to the Municipal Corporation of Delhi without taking the AAP government's advice.
Justice PS Narasimha who has authored the judgement observed today in court that the Lieutenant Governor had statutory authority to appoint those 10 aldermen.
"..the LG is supposed to act as per Section 3 of the DMC Act which states that he shall appoint 10 persons with 'special knowledge' provided to the Municipal Corporation of Delhi", the top court has held.
Court has further noted that Delhi LG is supposed to act as per mandate of the Delhi Municipal Corporation Act, and NOT THE AID AND ADVICE OF THE COUNCIL OF MINISTER.
A bench of CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala has pronounced the verdict today which was reserved in May 2023.
Court was told by the AAP government that only two options were available to the LG, either to accept the names proposed by the elected government or differ with the proposal and refer it to the President.
While hearing the parties, court had said last year that such appointments could destabilize the workings of the municipal corporation.
SG Tushar Mehta had submitted that appointing aldermen was an independent power available to the “administrator” under the Delhi Municipal Corporation Act, and the aid and advice of the AAP government was not necessary to discharge this duty.
Additional Solicitor General Sanjay Jain, appearing for the LG's office had also submitted that just because a practice has been followed for 30 years does not mean it is correct.
Case Title: Government of NCT of Delhi vs. Office of Lieutenant Governor of Delhi
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