Supreme Court Asserts Central Authority in Chief Secretary Appointment, Emphasizes Political Neutrality

In a landmark decision on November 29, a Supreme Court bench led by Chief Justice of India DY Chandrachud upheld the Central Government’s authority to appoint the Chief Secretary of the National Capital Territory of Delhi. The judgment, available on the Supreme Court’s website since yesterday, emphasizes the Chief Secretary’s responsibility to avoid actions or inactions that could hinder the elected government’s functioning.

The Court underscored the need for political neutrality among civil servants, asserting that the Chief Secretary, though appointed by the Central Government, must adhere to the directions of the Delhi Government in areas where it holds executive competence, excluding public order, police, and land-related matters.

“The post of a Chief Secretary is uniquely placed, performing functions both within and outside the executive competence of the GNCTD. While appointed by the Central Government, the Chief Secretary must comply with the elected government’s directions within the scope of their executive competence. Their actions or inactions should not impede the elected government,” stated the Court.

The case revolved around a writ petition by the Delhi Government challenging the Central Government’s authority to appoint or extend the term of the Chief Secretary without the Delhi Government’s concurrence. During the proceedings, the Centre informed the Court of its decision to extend Chief Secretary Naresh Kumar’s term by six months, who was set to retire on November 30.

The Supreme Court affirmed the Centre’s power to appoint the Chief Secretary and extend their term, clarifying that its observations are subject to the Constitution Bench’s decision on the validity of the GNCTD(Amendment) Act 2023. This Act had diluted the Delhi Government’s authority over services, and the reference is pending before the Constitution Bench.

The ruling reinforces the delicate balance of power and responsibilities between the Central Government and the elected government of Delhi, emphasizing the Chief Secretary’s pivotal role in maintaining political neutrality while serving the interests of both entities.