“Why Don’t Chief Minister, Lt Governor…”: Supreme Court On Delhi Top Official Row

“Why Don’t Chief Minister, Lt Governor…”: Supreme Court On Delhi Top Official Row

The Supreme Court interverned Friday in the tussle between the Delhi goverment and the Delhi Lieutenant Governor over the appointment of a new Chief Secretary, directing both sides to sit down and amicably discuss the shortlist of candidates to be provided on Tuesday by the central government.

This comes after the Delhi government – controlled by the Aam Aadmi Party – moved the court against the centre extending the tenure of the current Chief Secretary – Naresh Kumar, who retires this month – or appointing a new official. The challenge was against the backdrop of the contentious ordinance that gave the centre control over posting of bureaucrats, and the Delhi government had argued such appointments could not be made without it being consulted.

In today’s hearing, arguing for the Delhi government, senior advocate Abhishek Singhvi said, “… it always the Delhi government that appointed. Now there is a generic ordinance… what I am objecting is the unilateral decision of the LG.”

To this, Solicitor General Tushar Mehta, appearing for the centre, said it was, in fact, the Union Home Ministry that made these appointments “even prior to the impugned amendment”, referring to the Delhi Services Bill. However, Mr Singhvi argued this point, saying the ministry would only make appointments based on the advice of the Council of Ministers.

“Why don’t LG (Delhi Lieutenant Governor VK Saxena) and CM (Chief Minister Arvind Kejriwal) meet?” the bench led by Chief Justice DY Chandrachud responded and then observed, “… (but) last time we said that, for the appointment of DERC (Delhi Electricity Regulatory Commission) Chairperson, they never agreed…”

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