In the recent Supreme Court ruling confirming the Central Government's power to appoint and extend the Chief Secretary's term in Delhi, the court stressed that the Chief Secretary's actions should not hinder the elected government's functioning. The verdict, headed by Chief Justice DY Chandrachud on November 29, was released on the Supreme Court's website recently.

The judgment highlighted key points regarding the Chief Secretary's obligation to follow the Delhi Government's directives in matters falling within its executive competence. While appointed by the Central Government, the Chief Secretary must align with the elected government's instructions, excluding public order, police, and land issues.

Civil servants, including the Chief Secretary, are expected to maintain political neutrality and adhere to the elected body's instructions. The Chief Secretary's role is distinct, covering responsibilities within and outside the Delhi Government's executive competence. Despite being appointed by the Central Government, their actions should not obstruct the elected government's functioning.

The ruling stemmed from a writ petition by the Delhi Government challenging the Central Government's authority to appoint or extend the Chief Secretary's term without the Delhi Government's consent. During the case, the Central Government informed the court of extending Chief Secretary Naresh Kumar's term by six months, who was scheduled to retire on November 30.

The Supreme Court upheld the Central Government's authority to appoint and extend the Chief Secretary's term, stating it also has the prerogative to extend the term of a Chief Secretary approaching retirement age. However, the court noted that its remarks depend on the resolution of a reference before the Constitution Bench regarding the validity of the GNCTD (Amendment) Act 2023. This act has implications for the reduced powers of the Delhi Government in service-related matters.

Case: Government of NCT of Delhi v. Union of India,

Writ Petition (Civil) No 1268 of 2023

Click here to read/download judgment.