In a groundbreaking move on Friday, the Supreme Court offered a unique resolution to the ongoing power struggle between the Delhi Lieutenant Governor (LG) and the Delhi Government regarding the appointment of the Chief Secretary. Justices DY Chandrachud, JB Pardiwala, and Manoj Misra, forming the bench, put forward the idea that the Delhi LG and the Union Government could present a panel of names for the Chief Secretary position. From this list, the Delhi Government would then have the authority to select the most suitable candidate.
This suggestion surfaced during a recent hearing in response to a petition filed by the Delhi government. The petition contested what it described as a “unilateral decision-making process” by the Centre in appointing Delhi’s Chief Secretary. The Aam Aadmi Party-led Delhi Government had approached the court, opposing the Centre’s extension of the current Chief Secretary’s tenure, Naresh Kumar, who is set to retire this month. The government also raised concerns about the appointment of a new official without consulting Delhi.
This legal challenge is framed against the backdrop of the Government of National Capital Territory (Amendment) Act 2023, which curtails the Delhi Government’s authority over “services.” The matter is pending before a 5-judge Constitution Bench.
Arguing on behalf of the Delhi Government, Senior Advocate AM Singhvi emphasized the historical authority of the NCT in making such appointments, expressing objections to the LG’s unilateral decisions. In response, SG Mehta, representing the LG, contended that the Home Ministry had traditionally appointed the Chief Secretary, even predating the contested amendment.
During the proceedings, Chief Justice DY Chandrachud suggested a meeting between the LG and the Chief Minister, though he acknowledged that a similar approach had failed in a previous appointment case. Senior Advocate Harish Salve, appearing for the LG, raised concerns about media coverage casting aspersions on candidates, citing an article by ‘The Wire’ about the current Chief Secretary.
In an unexpected turn, the CJI proposed that the LG and the Union Government submit a panel of names for the Chief Secretary role, from which the Delhi Government could make the final selection. Salve insisted that such suggestions should not be publicized on social media platforms, a sentiment that the CJI concurred with, emphasizing the need to safeguard the careers of IAS officers.
The case is scheduled for further proceedings on Tuesday, November 28, 2023.
