Delhi Chief Secretary Appointment: Let Delhi Govt Select Name From Panel Given By LG & Union Govt, Says Supreme Court

The Supreme Court on Friday (24.11.2023) recommended a unique solution to solve the tug of war between the Delhi Lieutenant Governor (LG) and the Delhi Government over the appointment of the Delhi’s Chief Secretary. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra suggested that the Delhi LG and the Union Government could propose a panel of names for the post of Chief Secretary and the Delhi Government could choose one name from the panel.

The suggestion was given in a petition recently filed by the Delhi government, alleging that a “unilateral decision-making process” was being adopted by the Centre to appoint Delhi’s Chief Secretary. The Aam Aadmi Part led Delhi Government had moved the court against the Centre extending the tenure of the current Chief Secretary, Naresh Kumar (who retires this month) or appointing a new official without consulting the Government of Delhi.

It may be underlined that this challenge comes against the backdrop of the Government of National Capital Territory (Amendment) Act 2023, a law which has the effect of depriving Delhi Government of the power over "services". The challenge against the said ordinance has been referred to a 5-judge Constitution Bench.

Arguing for the Delhi Government, Senior Advocate AM Singhvi yesterday stated–

"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."

However, SG Mehta, appearing for the LG argued that the home ministry had always appointed the Chief Secretary even prior to the impugned amendment. To this, Singhvi responded–

"Home ministry made formal appointment on the aid and advice of council of ministers."

At the outset, the CJI recommended for the LG and the CM to meet. However, he was quick to note that the same approach had not worked for the appointment of Chairperson of the Delhi Electricity Regulatory Commission (DERC).

At this juncture, Senior Adv Harish Salve(appearing for the LG) commented–

"There are aspersions casted on candidates...these kind of things vitiate the atmosphere. One gentleman had to go to the court and get injunction."

Salve was referring to an article published by 'The Wire' on Delhi's current Chief Secretary Naresh Kumar casting aspersions on him in relation to his involvement in an alleged land acquisition case. It may be noted that the Delhi High Court recently asked the Wire to take down the story regarding the same.

Upon this, Singhvi said– "Wire published, nothing to do with NCT."

Ultimately, the CJI 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 asserted that the names suggested should not be made on social media sites such as Twitter and Instagram and the CJI agreed to the same stating that the same had to do with the careers of IAS officers and must be kept away from social media.

To the suggestion of the CJI, the SG said–

"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 listed for Tuesday (28.11.2023).

Case Title: Government Of NCT Of Delhi v Union Of India And Ors W.P.(C) No. 1268/2023