Delhi Chief Secretary, Though Appointed By Centre, Must Follow Directions Of Delhi Govt On Matters Over Which It Has Power: Supreme Court

In the judgment upholding the power of the Central Government to appoint the Chief Secretary of the Government of the National Capital Territory of Delhi, the Supreme Court observed, "The actions (or inactions) of the Chief Secretary must not put the elected government at a standstill."

The judgment, pronounced by a bench led by Chief Justice of India DY Chandrachud on November 29, was uploaded on the Supreme Court's website yesterday.

The Court has made certain pertinent observations in the judgment about the importance of Chief Secretary maintaining political neutrality. The Court stated that Chief Secretary, though appointed by the Central Government, must follow the directions of the Delhi Government over the matters on which the Delhi Government has executive competence (which are the areas excluding public order, police and land).

"...civil servants are required to be politically neutral and must abide by the directions of the elected arm to give effect to the principle underlying the triple-chain of collective responsibility. The post of a Chief Secretary is uniquely placed. The Chief Secretary performs functions which fall both within and outside the executive competence of the GNCTD. The Chief Secretary though appointed by the Central Government, must comply with the directions of the elected government over matters on which their executive competence extends. The actions (or inactions) of the Chief Secretary must not put the elected government at a standstill."

The Court was deciding a writ petition filed by the Delhi Government against the Central Government appointing the Chief Secretary or extending the term of the incumbent Chief Secretary without the concurrence of the Delhi Government. During the pendency of the matter, the Centre told the Court that it has decided to extend the term of incumbent Chief Secretary Naresh Kumar (who was due to superannuate with effect from November 30) by six months.

In its judgment, the Supreme Court upheld the power of the Centre to appoint the Chief Secretary of the Delhi Government. The Centre also has the power to extend the term of the superannuating Chief Secretary, the Court added.

The Court clarified that its observations subject to the outcome of the reference pending before the Constitution Bench regarding the validity of the GNCTD(Amendment) Act 2023, which diluted the powers of the Delhi Government over services.

Case : Government of NCT of Delhi v. Union of India (Writ Petition (Civil) No 1268 of 2023)