Why stuck with ‘one person’ for Delhi Chief Secretary role, Supreme Court asks Centre

Context

The Supreme Court has questioned the Centre’s decision to extend the tenure of retiring Delhi Chief Secretary Naresh Kumar. Specifically, the Supreme Court has asked the Centre to justify this “unilateral” call to give an extension to Kumar, who is otherwise set to retire on November 30. So the context is that the country’s top court has raised concerns regarding the Centre’s move to furlong the incumbent Chief Secretary of Delhi, Naresh Kumar.

Concepts

Who is the Chief Secretary?

The Chief Secretary is the top-most executive official and senior-most civil servant of the state government. They serve as the ex-officio head of the state Civil Services Board, the State Secretariat, the state cadre Indian Administrative Service (IAS) and all civil services under the state’s rules of business. The Chief Secretary also acts as the principal advisor to the Chief Minister on all matters of state administration.

Appointment and Tenure

The Chief Secretary is ‘chosen’ by the Chief Minister. Their appointment is taken in the name of the Governor of the state, even though it is an executive action of the CM. The office of Chief Secretary has been excluded from the tenure system, so there is no fixed tenure for the post.

Role in Delhi

In the union territory of Delhi, which has partial statehood, the Chief Secretary is appointed by the Lieutenant Governor based on the recommendation of the Chief Minister. Generally, Administrators in Union Territories (UTs) do not have Chief Secretaries.

Unlike states, Union Territories (UTs) in India do not have the post of Chief Secretary. UTs are governed directly by the central government through an Administrator. As per the Ministry of Home Affairs, the President appoints Administrators for Union Territories, who may hold designations like Lieutenant Governor, Chief Commissioner or Administrator.

These Administrators are supported by Advisers instead of Chief Secretaries. The Advisers are appointed by the central government.

An important difference is that the posts of Advisers to Administrators in UTs are relatively junior in rank compared to the Chief Secretaries of state governments. While Chief Secretaries are senior IAS officers, Advisers tend to be of the rank of Joint Secretary or Additional Secretary in the Government of India.

So while states have senior bureaucrat Chief Secretaries as the administrative head, UTs are governed through central government appointed Administrators who are assisted by Advisers that are typically lower in rank than Chief Secretaries.

Background of Case

The Delhi Chief Secretary Naresh Kumar is set to retire on November 30. However, the Centre wants to extend his tenure while the Delhi government opposes this. The Delhi government has also alleged corruption by Kumar related to a land deal.

Centre’s Justification

The Centre has cited its authority over Delhi’s services under the 2023 GNCTD Act to justify its decision. The Centre claims this Act provides it the power to extend the tenure of the Chief Secretary like Kumar.

Court’s Concerns

The court has questioned the Centre’s unilateral decision to extend Kumar’s tenure. The court has also asked if the Centre does not have any other IAS officer available to appoint to the post of Chief Secretary.

Delhi Government’s Position

Citing lack of communication, the Delhi government wants a new Chief Secretary. It also offered to jointly select a candidate for the post along with Delhi’s Lieutenant Governor.

So in short, while the Centre wants to extend the retiring Chief Secretary Kumar’s tenure, the Delhi government has opposed it citing issues with Kumar and wants a new appointment. The court too has questioned if no alternative officer is available for selection.