As Centre Intends To Extend Delhi Chief Secretary's Term, SC Seeks Response On Its Authority

As the Union government expressed its intention to extend Delhi Chief Secretary Naresh Kumar's term, the Supreme Court sought clarification on the government's authority to take a decision in this regard.

The Union Government on Tuesday informed the Supreme Court of its intention to extend the service tenure of Delhi's current Chief Secretary Naresh Kumar beyond his scheduled retirement on November 30. In response, the Supreme Court asked the Centre to demonstrate on Wednesday the authority it holds to extend the term, news agency ANI reported. This comes as the top court is hearing a plea filed by the Aam Aadmi Party (AAP)-led Delhi government, challenging the Centre's decision regarding the tenure of the Chief Secretary be it to extend the tenure of Naresh Kumar or appoint a new official without consulting it.

During a prior hearing, the bench, led by Chief Justice of India (CJI) DY Chandrachud, instructed the Lieutenant Governor of Delhi and the Centre to propose a panel of names for the Chief Secretary post, from which the Delhi government could make a selection. The Centre was directed to provide the shortlisted candidates' names to the court by Tuesday (November 28).

The bench also suggested that the Lieutenant Governor, VK Saxena, and Chief Minister Arvind Kejriwal hold discussions to amicably agree on names for the post. Chief Justice Chandrachud remarked, "Give us a workable solution. The government should work without the need to go to court. Give us a way out", as quoted by the Mint in its report.

Delhi Govt Reduced To 'Mere Observer': Plea Against Centre's Decision On Chief Secretary

The Delhi government's plea argued that the Government of National Capital Territory of Delhi (Amendment) Act, notified in August, gives the Centre control over the bureaucracy in Delhi. Under this act, an authority was established for the transfer and posting of Group-A officers. The Delhi government contended that this amendment violates a 2023 Constitution bench judgment, reducing it to a mere observer in the appointment of the Chief Secretary, news agency PTI reported.

“This renders the government of NCT of Delhi a mere observer in the appointment of the most crucial member of the permanent executive, the Chief Secretary," the Delhi government stated in its plea, as quoted by PTI.

More On It: Delhi Chief Secretary Row: Supreme Court Asks Centre To Suggest Names Of 5 Officers By Nov 28

Before this, on July 17, the top court took note of the differences over the appointment of the new Delhi Electricity Regulatory Commission (DERC) chairperson. It asked CM Kejriwal and the LG to discuss names of former judges who could head the national capital's power regulator, emphasising the need for the two constitutional functionaries to rise above "political bickering."

However, the deadlock persisted despite the two functionaries meeting, leading the top court to eventually appoint the DERC chairperson.

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