News Excerpt:
The Supreme Court held that the Central government had powers to extend the tenure of the incumbent chief secretary of Delhi.
About the news:
- The court said that the central government has the power to appoint the Chief Secretary of Delhi and that such power includes the power to extend the term of the superannuating officer.
- The SC stated the Chief Secretary of Delhi is entrusted to look after the "public order, police and land" - three subjects excluded from the powers of Delhi government- it is not possible to divide the functions of the Chief Secretary.
- The extension of tenure is not violative of the law laid down by the SC in its 2023 Constitution bench II judgment and the prevalent Rules.
Chief Secretaries of the States vis-a-vis Chief Secretary of the GNCTD:
- In relation to chief secretaries appointed to states, under rule 16 of the rules, extension can be granted only on prior approval of the state government.
- Rule 16 would apply in relation to extension of service of such other officers whose power doesn't extend to the excluded subjects" - public order, police and land.
- This provision is made in relation to the role of the state government where the Chief Secretary performs functions in relation to the state.
- However, the position for GNCTD is different as the chief secretary performs executive functions where he is entrusted with significant functional responsibilities including overall administrative control and supervision over subjects which also stand excluded from legislative domain and executive powers of GNCTD.
Constitution Bench II judgement, 2023:
- The Supreme Court judgement settling tussle between Delhi Govt and Centre In the spirit of cooperative federalism, stated that the Union must exercise its powers within the boundaries created by the Constitution.
- NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution.
- The LG is bound by the aid and advice of the Council of Ministers of NCTD in relation to matters within the legislative scope of NCTD.
- Further, any reference to “Lieutenant Governor” over services (excluding services related to ‘public order’, ‘police’ and ‘land’) in relevant Rules shall mean LG acting on behalf of GNCTD.
