38.6c New Delhi, India, Tuesday, April 23, 2024
Judiciary

Supreme Court allows Centre to grant 6-month extension to Delhi Chief Secretary Naresh Kumar

By LAWSTREET NEWS NETWORK      30 November, 2023 01:36 PM      0 Comments
Supreme Court allows Centre to grant month extension to Delhi Chief Secretary Naresh Kumar

NEW DELHI: The Supreme Court on Wednesday allowed the Centre to extend the tenure of the incumbent Chief Secretary of Delhi government Naresh Kumar by six months, holding that this cannot be seen as violative of law.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra noted that the Government of National Capital Territory of Delhi (Amendment) Act, 2023, was in force which granted the Centre power to appoint the Chief Secretary of Delhi.

Appearing for the Delhi government, senior advocate A M Singhvi contended that the extension being a unilateral decision would be bypassing established procedures.

He contended that the apex court itself on May 11, 2023 had ruled that the Lieutenant Governor was bound by the aid and advice of the Council of Ministers.

However, the bench reminded Singhvi that even though the 2023 Act is under challenge, it has not been stayed by the apex court.

“At this stage, bearing in mind, the provisions of the judgment of this court in constitution bench (May 11 judgment of the apex court) and the subsequent developments which have taken place resulting in 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 constructed to be violative of law of the constitutional distribution of powers between the Union and the government of the NCTD,” the bench said.  

“However, we clarify that analysis in this order is confined to prima facie evaluation of the case at the present stage without entering into any conclusive determination of the issues which are pending for adjudication before the constitution bench," the bench added.

On May 11, 2023, a five-judge Constitution bench led by the CJI ruled that it is ideal to hold that a democratically elected Delhi government should have control over its officers and the LG is bound by the advice of the elected government in everything other than public order, police, and land.

The court was hearing a plea by the Delhi government against the Centre extending the tenure of the current Chief Secretary.

The bench noted that the post is entrusted with significant functional responsibilities including overall administrative control and supervision over subjects which also stand excluded from legislative domain and executive powers of GNCTD.

"It would be far fetched to postulate that the central government is divested with the power to appoint Chief Secretary," the bench said, clarifying that this view was based on prima facie evaluation of the matter.

Solicitor General Tushar Mehta, seeking six months extention of incumbent Chief Secretary, submitted there are as many as 57 instances of extensions being granted to superannuating Chief Secretaries of various States.

Singhvi, on the contrary, said that out of 57 instances highlighted by Mehta, only one involved the Chief Secretary of Delhi, and that too had happened during President's rule.



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

SC Issues Notice to Centre on PIL by Ashwini Upadhyay to Debar Candidates From Contesting Polls on Framing of Charges  [Read Petition] SC Issues Notice to Centre on PIL by Ashwini Upadhyay to Debar Candidates From Contesting Polls on Framing of Charges [Read Petition]

A bench of Justices K M Joseph and Hrishikesh Roy sought a response from the Union government's Law and Justice and Home Ministries, and the Election Commission on plea by BJP leader and advocate Ashwini Kumar Upadhyay.

SC to take up PIL by Ashwini Upadhyay for publishing draft laws before hand to strengthen law making process SC to take up PIL by Ashwini Upadhyay for publishing draft laws before hand to strengthen law making process

The Supreme Court is set to take up on October 31 an important PIL by advocate Ashwini Kumar Upadhyay for a direction to the Centre and States to publish draft legislations 60 days before introducing those in Parliament and State Assemblies

Left well-settled job as engineer to pursue legal reforms, Ashwini K Upadhyay to SC Left well-settled job as engineer to pursue legal reforms, Ashwini K Upadhyay to SC

Upadhyay was arguing in person for his PIL seeking a direction to the Centre and States to constitute expert committees to examine good practices of the countries, ranked among top 20 in Corruption Perception Index.

Uniform laws on inheritance, maintenance, divorce in domain of Parliament: SC to Ashwini K Upadhyay Uniform laws on inheritance, maintenance, divorce in domain of Parliament: SC to Ashwini K Upadhyay

The Supreme Court on Friday orally observed that bringing uniform laws for inheritance, maintenance, divorce and guardianship fell in domain of Parliament.

TRENDING NEWS

a-critique-of-the-supreme-courts-adventurism-for-lgbtqia-rights
Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
new-criminal-laws-watershed-moment-for-society-cji
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM

TOP STORIES

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM
pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
centre-sets-up-high-powered-committee-to-suggest-measures-to-end-discrimination-against-queer-community
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
after-karnataka-hc-delhi-hc-sets-aside-government-circular-banning-23-ferocious-dog-breeds
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email