The Supreme Court on November 24 suggested to the Centre to provide a panel of accomplished bureaucrats from which the Delhi government can pick a name for appointment as Chief Secretary.
The tenure of Delhi Chief Secretary Naresh Kumar is ending on November 30, opening another front for an ensuing tug of war between the Lieutenant Governor (L-G) and the Arvind Kejriwal government for control over the bureaucracy of the national capital.
A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud decided to intervene, indicating that the court’s past experience of leaving matters open-ended, expecting the Chief Minister and the L-G to “meet and break bread” did not work. The Bench was referring to an earlier case on the appointment of the Delhi Electricity Regulatory Commission chairperson, which the court had to finally step in due to a prolonged impassé between the L-G and the Chief Minister.
Senior advocate A.M. Singhvi said an elected government places the highest confidentiality and trust in its Chief Secretary. “The Chief Secretary is the lynchpin,” he said.
He said the Delhi government had “exclusively” appointed Chief Secretaries from the inception of Delhi. The Supreme Court, through its Constitution Bench judgments, had upheld the authority of the government over the civil services.
Mr. Singhvi said the L-G could not claim “unilateral, exclusive” authority to name a Chief Secretary for Delhi on the basis of Government of NCT of Delhi (Amendment) Bill, 2023, which was assented to by the President in August. The new law was under challenge in the Supreme Court.
Solicitor General Tushar Mehta, for the Centre, said it had always been the Home Ministry which appointed the Delhi Chief Secretary.
“Ultimately, the Home Ministry has to make the appointment. But you must also have a process by which governments function… Why can’t you both give workable suggestions which will meet the exigencies of the Union and at the same time foster a degree of confidence in the elected arm of the State?” the court addressed the Centre.
Scurrilous attacks
Senior advocate Harish Salve, appearing for the L-G, said governments should be able to work without even the need to come to court every time. He said the present Chief Secretary, Mr. Kumar, was forced to go to court against scurrilous attacks on him.
“These kinds of things vitiate the atmosphere… a thorough gentleman had to go to court,” Mr. Salve said.
The Chief Justice said the Centre could provide a panel of names on Tuesday (November 28) and the Delhi government could be given a “little free play in the joints” while picking the name.
“Ultimately, the name will be from your panel,” Chief Justice Chandrachud told Mr. Mehta.
The Solicitor General said he would take instructions from the Centre and return on November 28.
