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".
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Strict security measures in place in Mumbai for Messi's events at 2 venues Dec 14, say police
Mumbai (PTI): In view of Argentine superstar footballer Lionel Messi's visit to Mumbai on Sunday, the city police are implementing stringent security measures, like not allowing water bottles, metals, coins inside the stadiums and setting up watchtowers to keep an eye on the crowd, officials said.
The police also said taking extra care to avoid any stampede-like situation and to prevent recurrence of the chaotic situation that unfolded in Kolkata during Messi's visit on Saturday as thousands of fans protested inside the Salt Lake stadium here after failing to catch a clear glimpse of the football icon despite paying hefty sums for tickets.
Messi is expected to be present at the Cricket Club of India (Brabourne Stadium) in Mumbai on Sunday for a Padel GOAT Cup event followed by attending a celebrity football match. He is expected to proceed to the Wankhede Stadium for the GOAT India Tour main event around 5 pm.
"In view of Lionel Messi's visit to Mumbai, the police are geared up and have put in place a high level of security arrangements in and around the stadiums located in south Mumbai. Considering the chaos that prevailed in Kolkata and the security breach, we have deployed World Cup-level security arrangements at Brabourne and Wankhede stadiums," an official said.
Expecting heavy crowd near the stadiums during Messi's visit, the city police force has deployed more than 2,000 of its personnel near and around both the venues, he said.
As the Mumbai police have the experience of security 'bandobast' during the victory parade of ICC World Cup-winning Indian team and World Cup final match at the Wankhede Stadium, in which over one lakh cricket fans had gathered, we are prepared to handle a large crowd of fans, he said.
"We are trying to avoid the errors that occurred in the past," the official said.
There is no place to sneak inside the stadiums in Mumbai like the Kolkata stadium, according to him.
The police are also asking the organisers to provide all the required facilities to the fans inside the stadium, so that there will be no chaos, he said, adding the spectators have purchased tickets in the range of Rs 5,000 to 25,000. After paying so much of amount, any spectator expects proper services, while enjoying the event, he said.
The police are expecting 33,000 spectators at the Wankhede Stadium and over 4,000 at Brabourne Stadium. Besides this, more than 30,000 people are expected outside and around the stadiums just to have a glimpse of the football sensation, he said.
The organisers responsible for Messi's India visit recently came to Mumbai to discuss security arrangements. During the meeting, the Mumbai police asked them not to take the event lightly, according to the official.
After those requirements were fulfilled, the final security deployment was chalked out, he said.
Police has the standard procedure of the security arrangements inside the Wankhede Stadium, where people are barred from taking water bottles, metals objects, coins. Police are setting up watch towers near the stadiums and there will be traffic diversions, so that there is maximum space available to stand, according to the official.
Police are also appealing to the spectators to use public transport service for commuting and avoid personal vehicles to reach south Mumbai.
To avoid any stampede-like situation, police are also taking precautionary measures and will stop the fans some distance ahead of the stadium and public announcement systems will be used to guide the crowd. Barricades will be placed at various places to manage the crowd.
In case the crowd swells up beyond expectation, the police will divert people to other grounds and preparations in this regard underway, he said.
Additional police force has been deployed in south Mumbai to tackle any kind of situation, he said.
