SC intervenes in Delhi Govt-LG tussle over Chief Secretary appointment

SC intervenes in Delhi Govt-LG tussle over Chief Secretary appointment

In the continuing power struggle between the Kejriwal government and the Lieutenant Governor (LG) in Delhi, the appointment of the Chief Secretary has become a focal point, prompting the intervention of the Supreme Court. The court has directed both the LG and the Center to submit names of IAS officers for the Chief Secretary's role, emphasizing the need for collaboration between the two authorities.

During the recent court hearing on November 28, the Supreme Court urged the Chief Minister and the Lieutenant Governor to engage in a dialogue to resolve the issue. Furthermore, the court cautioned against making the names of officers public on social media, citing potential impacts on their careers. The court has also instructed the LG and the central government to propose names of qualified individuals to a panel, with the panel ultimately selecting the new Chief Secretary.

This isn't the first instance of such a dispute, as the Supreme Court pointed out during the hearing, referencing a similar situation regarding the appointment of the DREC chairman. Despite previous suggestions for a meeting between the LG and CM, no progress has been made. The court reiterated the need for cooperation, emphasizing that the LG and the central government should put forward names for consideration by the panel.

During the proceedings, Harish Salve, the counsel for the Lieutenant Governor, emphasized the importance of keeping suggested names confidential to prevent leaks to the media. The Delhi government has approached the Supreme Court regarding the Chief Secretary's appointment, asserting that the central government's initiation of the process without consulting them raises concerns.

Senior advocate Abhishek Manu Singhvi, representing the Delhi government, argued that the Chief Secretary's appointment should be a consultative process involving both the central and Delhi governments. The Delhi government seeks directions to appoint one of the five senior-most officers in the AGMUT cadre with prior experience in the Delhi government.

In its petition, the Delhi government contends that the 2023 amendment act violates constitutional decisions, labeling it undemocratic as it grants sole discretion to the Lieutenant Governor for the Chief Secretary's appointment, marginalizing the Delhi government in this crucial executive decision. The Supreme Court, in a previous hearing, directed the government to submit the petition to the Centre, highlighting the complex legal issues at the heart of this administrative tug-of-war.

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