In a recent hearing, the Supreme Court of India raised questions regarding the Central Government’s proposal to extend the tenure of Delhi Chief Secretary Naresh Kumar, who is set to retire on November 30. The bench, led by Chief Justice D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, expressed its concerns over the government’s insistence on a single candidate for the crucial position.
During the hearing, the Supreme Court bench inquired about the government’s rationale behind this decision. Chief Justice Chandrachud questioned,
“This man is superannuating. Let this man superannuate. You make a fresh appointment.”
The court was informed by Solicitor General Tushar Mehta, representing the Centre, that the government intended to extend the tenure of the existing chief secretary, who has been in office for more than one-and-a-half years, for a limited period.
The Chief Justice further probed,
“Are you stuck with only one person? Don’t you have any IAS officer who can be made chief secretary of Delhi? Are you so stuck on one IAS officer?”
To this, Mehta responded that there were some administrative reasons behind the decision, but he was not fixated on a single individual.
The Supreme Court asked the Centre to demonstrate the legal authority under which it could extend the chief secretary’s tenure.
“Show us the power to extend. And show us what is the ground on which you want to extend. Otherwise, you can appoint whoever you want to, take instructions,”
the bench stated, emphasizing the need for clarity on the matter.
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The appointment of the chief secretary has become a contentious issue between the Delhi government, led by Chief Minister Arvind Kejriwal, and Lieutenant Governor V.K. Saxena. The Delhi government has questioned the Centre’s move to proceed with the appointment without consultation, especially while the new law under which this falls is being challenged.
Senior advocate Abhishek Singhvi, representing the Delhi government, argued that there was a complete breach of communication, trust, and faith between the current chief secretary and the administration. He suggested that the Centre could choose from the senior-most five IAS officers or allow the LG and CM to jointly decide on the appointment.
The Supreme Court’s intervention in this matter highlights the ongoing tussle over bureaucratic appointments in the National Capital Territory of Delhi. The court’s insistence on understanding the legal basis for the Centre’s decision reflects its commitment to ensuring transparency and adherence to the rule of law in administrative appointments.
