Centre Cites Precedent in Extension of Delhi Chief Secretary’s Tenure

Centre Cites Precedent in Extension of Delhi Chief Secretary's Tenure

VoM News Desk | November 30, 2023 | 10:08 AM IST | Delhi | Follow on Google News

Centre Cites Precedent in Extension of Delhi Chief Secretary’s Tenure

Centre Cites Precedent in Extension of Delhi Chief Secretary’s Tenure

The Supreme Court of India, led by Chief Justice DY Chandrachud, was informed by the Centre that in the past decade, 57 extensions have been granted to chief secretaries of various states at the time of their superannuation. This disclosure came during a hearing where the Court allowed the extension of Delhi Chief Secretary Naresh Kumar’s tenure by six months, just a day before his scheduled retirement.

Legal Battle Over Chief Secretary’s Extension

The Union Ministry of Home Affairs’ decision to extend Kumar’s tenure was a significant setback for the AAP government in Delhi. The Supreme Court upheld the extension, finding it consistent with the law and the Constitution. Solicitor General Tushar Mehta and Additional Solicitor General Sanjay Jain, representing the Centre, contended that the union government possesses the authority to appoint and extend the tenure of the chief secretary, as per the amended law and other provisions.

Contentions and Counterarguments

Senior lawyer Abhishek Singhvi, representing the AAP government, argued that the chief secretary’s role spans beyond police, public order, and land, which are under the Delhi government’s domain. He questioned the rationale behind extending the tenure of an official with whom the state government has no confidence. Chief Justice Chandrachud highlighted the need for reasonableness in the appointment process, noting past instances where the central and state governments cooperated effectively.

Clarification on Appointment Powers

The solicitor general emphasized that the provision in the law clearly states the power of appointing the Chief Secretary lies with the Central Government. He referred to the AGMUT cadre, where the term ‘state government’ is synonymous with the Centre. Section 45A(d) of the GNCTD Act was cited to affirm the central government’s role in appointing the Chief Secretary of the National Capital Territory of Delhi.

This ruling has implications for the governance structure of Delhi, reflecting the ongoing tug-of-war between the central and state governments over administrative control.

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