Supreme Court upholds Centre's decision to extend Delhi Chief Secretary's tenure

The Supreme Court observed that the Centre has the authority to prolong the term of the Chief Secretary, who oversees public order, land, and law enforcement matters that fall outside the purview of the Delhi government.  

The Supreme Court on Wednesday upheld the Centre's decision to extend the tenure of Delhi Chief Secretary Naresh Kumar by six months. The tenure of the current Delhi Chief Secretary was scheduled to end on November 30. During the hearing, the top court said that the Centre's decision was "not violative of Constitutional distribution of powers".

According to news agency PTI, the top court stated that the Centre has the authority to prolong the term of the Chief Secretary, who oversees public order, land, and police matters that fall outside the purview of the Delhi government.

The court further stated that the decision was founded on a "prima facie view" and that the five-judge constitution bench will assess the legal and constitutional considerations. The Delhi government had opposed the extension on grounds the ordinance that gives the ruling BJP control of bureaucrats posted to the national capital is still being challenged, and that the centre could not make appointments, particularly to senior posts, without consultation.

The development came a day after the Centre told the Supreme Court that it intends to extend the tenure of Naresh Kumar for a limited period. The Solicitor General, speaking for the Centre, was then questioned by the top court bench about the legal basis for the government's plan to take this action. The Solicitor General informed a three-judge panel, "We intend to extend the tenure of the present Chief Secretary until a new appointment is done."

This is the latest flashpoint between Delhi's ruling Aam Aadmi Party and the BJP that is in power at the Centre.