Chief Secretary must not put elected government at a standstill: SC

The actions or inactions of a chief secretary must not put the elected government at a "standstill", the Supreme Court has said while holding that the Centre's decision to extend the services of the top-most bureaucrat in the Delhi government for six months cannot be construed as violative of law. Reports Sumit Saxena.

New Delhi: The Supreme Court has said that the actions or inactions of a chief secretary must not put any elected government at a “standstill”. The apex court made this observation while pointing out that the Centre’s decision to extend the services of the top-most bureaucrat in the Delhi government for six months cannot be construed as violative of the law.

A three-judge led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra said: “The post of a Chief Secretary is uniquely placed. The Chief Secretary performs functions which fall both within and outside the executive competence of the GNCTD (The government of the national capital territory of Delhi)”. “The chief secretary, though appointed by the central government, must comply with the directions of the elected government over matters on which their executive competence extends”, said the bench.

The apex court stressed that “the actions (or inactions) of the Chief Secretary must not put the elected government at a standstill”. The bench had delivered the verdict on November 29, but it was uploaded on the apex court website earlier this week. The bench said that this court in the 2023 constitution bench judgment observed that civil servants are required to be politically neutral and must abide by the directions of the elected arm to give effect to the principle underlying the triple chain of collective responsibility.

The bench referred to the apex court's judgment in the Royappa case where it had said the post of the Chief Secretary is a “post of great confidence- a lynchpin in the administration." “We have come to the conclusion that at this stage, bearing in mind the principles which have been enumerated in the judgment of this Court in 2023 Constitution Bench judgment, 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”, said the bench.

The bench also noted the subsequent developments such as the 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 apex court’s verdict came on a plea filed by the Delhi government against any move by the Centre to appoint, without any consultation with it, a new chief secretary or extend the tenure of the incumbent top civil servant Naresh Kumar, who was set to demit office on November 30.