In a recent legal bout between the Delhi Government and the Union Government, the Supreme Court raised eyebrows on Tuesday, questioning the Central Government’s inclination to extend the tenure of Delhi Chief Secretary Naresh Kumar, set to retire on November 30.
Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, presided over the bench, urging the Central Government to elucidate the reasons and authority behind the proposed extension. During the proceedings, the court revisited its earlier suggestion of a panel of candidates, which the Delhi LG and Union Government could propose, leaving the final decision to the Delhi Government.
However, the Solicitor General of India, Tushar Mehta, representing the Central Government, disclosed their intent to prolong Chief Secretary Naresh Kumar’s term. This announcement met strong opposition from Senior Advocate AM Singhvi, representing the Delhi Government, who emphasized the strained relationship between the current chief secretary and the Delhi government.
Singhvi argued for a more collaborative approach, proposing the appointment of either the most senior candidate or a panel of names to be decided jointly by the Chief Minister and Lieutenant Governor. He underscored the pivotal role of the Chief Secretary, referring to them as the “linchpin” without whom administration would falter.
Despite Singhvi’s plea to look beyond the existing law, which is currently under constitutional scrutiny, Chief Justice Chandrachud reminded him that the law governing the issue had not been stayed by the Supreme Court. The legal tussle revolves around the Government of National Capital Territory (Amendment) Act 2023.
In response to the Court’s query about the Central Government being fixated on one person, the Solicitor General cited administrative reasons for their decision. The Chief Justice, however, demanded transparency and accountability, urging the Central Government to present the legal grounds and authority justifying the extension.
As the legal drama unfolds in the case of Government Of NCT Of Delhi v Union Of India And Ors. W.P.(C) No. 1268/2023, the Supreme Court remains steadfast in its pursuit of fairness and due process.
