SC questions government's Chief Secretary appointment amid legal battle

SC questions government's Chief Secretary appointment amid legal battle

In a recent development, the Supreme Court has raised concerns regarding the extension of Delhi Chief Secretary Naresh Kumar's term by the Central government. Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, questioned Solicitor General Tushar Mehta about the apparent fixation on a single individual for the role.

The bench remarked, "Do you not have any other eligible IAS officer for the Chief Secretary position? Why limit yourself to just one candidate for Delhi?"

The court, responding to a petition filed by the Aam Aadmi Party (AAP)-led Delhi government, set a deadline for Mehta to provide evidence of the government's authority to extend the Chief Secretary's tenure. The court emphasized its concern over the government's focus on a specific individual for the position.

Senior Advocate AM Singhvi, representing the Delhi government, urged the court to explore alternatives, such as considering candidates from a panel or appointing the senior-most IAS officer. Singhvi expressed concerns about the extension being a unilateral decision that bypassed established procedures and emphasized the court's past ruling that the Lieutenant Governor must follow the aid and advice of the Council of Ministers.

The court noted the existence of The Government of National Capital Territory of Delhi (Amendment) Act, 2023, granting the Central government the authority to appoint the Chief Secretary. While recommending adherence to legal provisions, the court instructed the government not to extend the current Chief Secretary's tenure and instead proceed with a new appointment following applicable laws.

Solicitor General Mehta argued that the Central government has the authority to extend the appointment and was given additional time by the court to present supporting evidence by the next day. The legal battle continues as the court seeks clarity on the government's justification for its actions.

 

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