SC gives relief to Centre, Naresh Kumar will remain in the post of Chief Secretary; Tenure extended for six months

The Center told the Supreme Court on Wednesday that in the last ten years, 57 cases of extensions being given to retired Chief Secretaries of different states have come to light.

According to agency PTI, in a major blow to the AAP government, a bench headed by Supreme Court Chief DY Chandrachud extended the tenure of Delhi Chief Secretary Naresh Kumar to the Union Home Ministry by six months. The bench said that the central government's decision did not violate the law or the Constitution.

Solicitor General Tushar Mehta and Additional Solicitor General Sanjay Jain appeared for the Centre. He argued that in view of the amended law and other provisions, the Central Government has full power to appoint and extend the tenure of the top officer.

The Solicitor General opposed the arguments of senior advocate Abhishek Singhvi, appearing for the AAP government, that the provision in the new law relating to the Chief Secretary was only a definition clause. Tushar Mehta said that the provision makes it clear that the power to appoint the Chief Secretary rests with the Central Government. He said there are at least 57 instances of extensions being given to retired chief secretaries of various states.

At the outset, Abhishek Singhvi said that the Chief Secretary looks after a hundred other matters apart from police, public order, and land and they are in the exclusive domain of the Delhi government hence, he should express his views on the basis of "collegiality". ,

The bench said that the Chief Secretary, inter alia, performs functions under (Entry) 1, 2, and 18 of the Seventh Schedule of the Constitution and you cannot divide the functions that fall under those entries and those which fall under those. The entries do not fall under, as you have tried to do.

Abhishek Singhvi asked whether there could be any justification for appointing a person on whom the Delhi government has no confidence at all? And why should that person's position be increased?

He said that Delhi had a woman Chief Minister for 15 years. We cannot say that in those 5 years, only the Central Government was sensible, even the State Government was also sensible. Now the CJI said that both of you cannot see eye to eye.