SC gives nod for six-month extension to Delhi chief secy

The Union government has the power under the 2023 law on the administration of Delhi to unilaterally appoint the capital’s chief secretary, the Supreme Court held on Wednesday, declining to interfere with the Centre’s decision to give a six-month extension to incumbent chief secretary Naresh Kumar. Kumar who was otherwise set to demit office on November 30.

- Utkarsh Anand

The move is a win for the Centre and a setback for the Union Territory’s elected Aam Aadmi government, which has been in a political and legal fight with the former over control of the city-state’s bureaucracy.

After the top court's green signal, Kumar's tenure was extended for six months, with the home ministry issuing the order on Wednesday evening.

According to a bench led by Chief Justice of India Dhananjaya Y Chandrachud, since Delhi’s chief secretary exercises administrative control over various subjects, including land, public order and police that are outside the purview of the legislative or executive control of the Delhi government, the Centre’s decision to extend Kumar’s tenure without the elected government’s concurrence “cannot be construed to be violative of law”.

The bench, which also included justices JB Pardiwala and Manoj Misra, noted that the 2023 Government of National Capital Territory of Delhi (GNCTD) Act specifically vests control of all officers, who are serving in connection with excluded subjects (land, public order and police), with the central government.