• Source:JND
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The Supreme Court on Thursday said that the actions or inactions of a chief secretary must not put the elected government at a "standstill". The remark came while the apex court held that the central government's decision to extend the services of the top-most bureaucrat in the Delhi government for six months cannot be construed as violative of law.

"The chief secretary performs functions which fall both within and outside the executive competence of the GNCTD (The government of the national capital territory of Delhi). The chief secretary though appointed by the central government, must comply with the directions of the elected government over matters on which their executive competence extends," a bench headed by Chief Justice DY Chandrachud said.

The bench which also included Justices JB Pardiwala and Manoj Misra, delivered the verdict on November 29 and it was uploaded on the Supreme Court website later.

The Delhi government had filed a plea with the Supreme Court challenging any attempt by the Center to designate a new chief secretary without consulting it or to prolong the term of the incumbent top civil servant Naresh Kumar, who was set to demit office on November 30.

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"This court in the 2023 constitution bench judgment observed that civil servants are required to be politically neutral and must abide by the directions of the elected arm to give effect to the principle underlying the triple-chain of collective responsibility. The post of a chief secretary is uniquely placed," the bench said.

"The actions (or inactions) of the chief secretary must not put the elected government at a standstill," it stated.

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The bench stated in its 28-page decision that it was noted that the chief secretary's position was a "post of great confidence-a lynchpin in the administration" and cited a 1973 Supreme Court decision.

It held, prima facie, the Centre has the power to appoint and extend the tenure of the chief secretary of the national capital territory of Delhi as the officer deals with the entire administration including police, public order and land, which fall beyond the legislative and executive powers of the Delhi government.

"Once it emerges that the chief secretary performs important functions, among other things, in relation to the excluded subjects as well, it would be farfetched to postulate that the Central Government is divested of the power to appoint the chief secretary," the bench noted.

(With inputs from agency)