Setback to AAP Govt, SC allows Centre to extend Delhi chief secretary's tenure by six months
New Delhi, Nov 29: In a major setback to the AAP government, the Supreme Court on Wednesday permitted the Centre to extend the tenure of Delhi Chief Secretary Naresh Kumar, a day before he was set to demit office on November 30, for six months, holding that the union government's decision did not violate law or the Constitution.
A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra held, prima facie, the Centre has the power to appoint and extend the tenure of the chief secretary of the national capital territory of Delhi as the officer deals with the entire administration including police, public order and land, which fall beyond the legislative and executive powers of the Delhi government.
"We come to the conclusion that at this stage, bearing in mind the provisions of the judgement of this court in Constitution Bench 2 (2023 judgement on Centre-Delhi government services row) and the subsequent developments which have taken place resulting in the enactment of the amendment to the GNCTD Act 1991, the decision of the Union Government to extend the services of the incumbent chief secretary for a period of six months cannot be construed to be violative of law or the constitutional distribution of powers between the Union and the government of the GNCTD," the bench said in its order.
The bid to extend the tenure of the present chief secretary is the latest bone of contention between the Arvind Kejriwal government and Lieutenant Governor (LG) V K Saxena, who have been involved in a series of run-ins over various issues.
Significantly, the current chief secretary, whose tenure will now be extended, is reportedly not on good terms with the Delhi government owing to allegations against his son in a case related to acquisition of 19 acres by the National Highways Authority of India in 2018 for construction of the Dwarka Expressway.
"It will be farfetched to postulate that the central government is divested of the power to appoint the chief secretary. We clarify that this is on the basis of a prima facie evaluation," the bench said.
It also held that the central government, prima facie, has the power to extend the service of an incumbent chief secretary.
The top court, in its order, referred to the May 11 judgement of a five-judge constitution bench which had held that the Delhi government has legislative and executive powers over administration of services except for public order, police and land. The verdict was touted as a big victory for the AAP government.
The bench also noted the subsequent developments such as promulgation of an ordinance by the Centre that took back full control over services, and the passage of the Government of NCT of Delhi (Amendment) Act 2023 in Parliament.
The bench said the tenure of chief secretaries are normally extended at the recommendation of the state governments concerned, but the position of the top bureaucrat in the Delhi government is distinct.
"The position of the chief secretary of the GNCTD is significantly distinct and that the chief secretary performs executive functions related to subjects which fall within the executive and legislative competence of the GNCTD as well as those which lie outside," it said.
The court noted that the operation of the amended GNCTD Act, whose validity is under challenge before a constitution bench, has not been stayed and hence, the Centre has the power to appoint a new chief secretary or extend the tenure of the incumbent officer.
The bench noted the submission of the Centre which said the LG may act in his sole discretion without the aid and advice of the city government while dealing with matters pertaining to police, public order and land which are not under the Delhi government.
"The LG is bound by the aid and advice of the council of Ministers of the GNCTD (the government of national capital territory of Delhi) in relation to matters which fall within the legislative and executive domain of the GNCTD," it said.
The bench also noted that the Delhi government cannot have a role in appointment of the Commissioner of Police, secretaries who are in charge of home and land departments, and in such cases, the LG has to make a prior reference to the Union government.
"The chief secretary has in addition been brought within the purview of LG for the simple reason that the chief secretary of the GNCTD exercises overall supervision and control over all the departments including the departments which are relatable to the excluded subjects," it said.
The bench dealt with the relevant amended provision of the Delhi law and said section 45 excludes all officers from the Grade A list, which deals with police, public order and land, and hence, the Delhi government has no role in their appointment.
"The Act defines the chief secretary to mean the chief secretary of the GNCTD appointed by the central government'," it said, adding, whether the provision was "purely a definition section" or gives power to appoint will be dealt with later.
"It would be suffice to note that there can be no dispute about the basic position that the chief secretary is head and as the head of the administration exercises jurisdiction and administers over subjects which fall within the domain of the executive functions of the GNCTD and they also include the subjects police, public order and land," the court said.
The bench clarified that its analysis was "confined" to the present stage and it did not enter into "any conclusive determination of the issues which are pending adjudication before the Constitution bench".
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Araijeet's four goals hand India 5th title in men's junior Asia Cup
Muscat, Dec 4: Araijeet Singh Hundal slammed four goals as defending champions India defeated arch-rivals Pakistan 5-3 in the summit clash to win a hat-trick of titles in the men's junior Asia Cup here on Wednesday.
This was India's fifth title in the continental tournament, having previously won the crown in 2004, 2008, 2015 and 2023.
The tournament was not held in 2021 due to COVID-19 pandemic.
Araijeet converted three penalty corners in the fourth, 18th and 54th minutes besides finding the net from a field effort in the 47th minute. Dilraj Singh (19th) was the other goal getter for India.
For Pakistan, Sufyan Khan (30th, 39th) converted two penalty corners, while Hannan Shahid scored from field play in the third minute.
Japan defeated Malaysia 2-1 to claim the third spot earlier in the day.
There was hardly anything to differentiate between the two sides as both India and Pakistan fought hard for ball possession in the first quarter.
The highlight of the first quarter was ariel passes employed by both the teams.
But Pakistan had the first laugh, striking as early as the third minute through a field goal from Shahid.
India didn't sit back and secured their first penalty corner seconds later, and Araijeet stepped up to draw level with a powerful drag-flick to the right of Pakistan goalkeeper.
India upped their game in the second quarter and secured their second penalty corner in the 18th minute and Araijeet struck again with another powerful flick.
A minute later, a fine field goal by Dilraj extended India's lead to 3-1.
Pakistan, however, reduced the margin in the 30th minute through a penalty corner conversion by Sufyan.
Pakistan were the better side on display after the change of ends and they drew level in the 39th minute through another penalty corner conversion by Sufyan.
India secured their third penalty corner in the 47th minute, but Araijeet's effort was saved by Pakistan goalkeeper Muhammad Janjua.
Araijeet, however, was not to be denied his hat-trick as he found the net from a field effort seconds later to hand India the lead again.
India pressed hard on the Pakistan citadel in the final 10 minutes and secured a few more penalty corners and Araijeet found the net again from a fine variation to make the scoreline 5-3.
