In a recent hearing, the Supreme Court of India proposed a novel solution to the ongoing dispute between the Delhi Lieutenant Governor (LG) and the Delhi Government over the appointment of the Chief Secretary of Delhi. The bench, led by Chief Justice of India (CJI) DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, suggested that the LG and the Union Government propose a panel of names for the Chief Secretary position, from which the Delhi Government can make a final selection.
This recommendation emerged during a petition filed by the Delhi government, which alleged 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 against the Centre’s actions of either extending the tenure of the current Chief Secretary, Naresh Kumar, who is due to retire soon, or appointing a new official without consulting the Delhi Government.
Senior Advocate Abhishek Manu Singhvi, representing the Delhi Government, argued,
“From the inception of Delhi, it was always NCT that appointed. Now there is a generic ordinance…what I am objecting is the unilateral decision of LG.”
In response, Solicitor General (SG) Tushar Mehta, appearing for the LG, countered that the home ministry had always appointed the Chief Secretary, even before the amendment in question.
CJI Chandrachud initially suggested that the LG and the Chief Minister meet to decide on a name. However, he recalled that a similar approach had failed in the past for the appointment of the Chairperson of the Delhi Electricity Regulatory Commission (DERC). Senior Advocate Harish Salve, representing the LG, expressed concerns about the public casting of aspersions on candidates, referring to a recent case where the Delhi High Court asked ‘The Wire’ to take down a story about the current Chief Secretary Naresh Kumar.
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Ultimately, CJI Chandrachud remarked,
“If we ask LG and CM to meet, they won’t do that. So why doesn’t the LG and Union Government propose a panel of names? Ultimate choice would be from a panel made by you (LG). You (LG) suggest a panel. Then they (GNCTD) will pick up one name.”
Salve emphasized that the names suggested should not be publicized on social media platforms like Twitter and Instagram, to which the CJI agreed, noting the importance of protecting the careers of IAS officers from social media exposure. SG Mehta responded to the Court’s suggestion, stating,
“I will come back on Tuesday…the officers, the way they’re being treated- much is to be said about it.”
The matter is now scheduled for further hearing on Tuesday, November 28, 2023. This case highlights the ongoing complexities in the governance of the National Capital Territory of Delhi and the Supreme Court’s role in mediating disputes between different levels of government.
