Select Chief Secretary From Centre's List: Supreme Court To Delhi Government

The ongoing conflict between the Centre and the Delhi government shows no signs of easing, with further tensions arising over the choice of the chief secretary for the national capital territory.

To protect those being considered for the role from social media discourse, the Supreme Court has taken an unconventional approach. On Friday (24 November), it asked the Centre to bring a panel of seasoned civil servants to the court on Tuesday.

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra has directed the Delhi government to choose a name from the list proposed by the Union government for the position of Delhi's chief secretary within an hour.

“We will ask the Delhi government to select, within an hour, one from the panel of names suggested by the Union government for appointment as chief secretary of Delhi,” the bench said, Times of India reported.

This decision aims to find a middle ground between the Delhi government's assertion of its exclusive right to appoint the key bureaucrat and the Central government's insistence that, following a change in the law, the issue is entirely within its jurisdiction.

The court was hearing a petition by the AAP government demanding that the successor to Naresh Kumar, who is set to retire on 30 November, should be appointed by the Centre in consultation with Delhi's Chief Minister, Arvind Kejriwal.

Senior advocate A M Singhvi, representing the Kejriwal government, argued that despite the generic law granting the Union government control over services in Delhi, the selection of the chief secretary should be made in consultation with the Chief Minister.

Singhvi emphasised the paramount importance of trust and confidentiality between the government and the chief secretary in a democratic federal system such as that of India. He urged the court to direct the Centre to consult the Delhi Chief Minister on the appointment.

Representing the Lieutenant Governor, senior advocate Harish Salve said, “There has been a running commentary on the incumbent chief secretary so much so that he had to move a court to get an injunction against scurrilous attacks. In this scenario, they (AAP government) come and tell the SC not to foist someone on them. This is vitiating the atmosphere".

The Chief Justice of India said, “I don’t think there will be a solution if we leave it to the LG and CM. Let the Centre or LG suggest a panel of seasoned IAS officers and the CM will pick one of them.”

Salve said, “One request, what names are there in the panel should not be in social media discussions.”

Justice Chandrachud said, “We completely agree. Why subject them to scurrilous attacks.”

Solicitor General Tushar Mehta confirmed that such incidents have indeed occurred, stating that as soon as names are proposed, they are shared on social media and exposed to defamatory attacks.

Singhvi agreed that there should be complete secrecy to selection.

The Chief Justice of India emphasised that a feasible solution needs to be identified to foster trust between the Chief Secretary and the Delhi government.

The court instructed the Central government to bring the panel of names and the SG said he would respond to the court’s suggestion on Tuesday.

“The way officers are treated by the ministers, each of them complains about the treatment meted out to them. They have nothing to do with any party,” he said.

He further added that the appointment of the Chief Secretary of Delhi has always been appointed by the Home Ministry and this process is currently underway.