Civil Servants Must Act As Per Elected Government: SC Order In Delhi Chief Secretary Case

The Supreme Court's order in the case of Delhi vs Centre regarding the authority of appointing the Chief Secretary has now been uploaded on the court's website. The order says that while the Centre has the right to appoint the Chief Secretary, civil servants should act as per the elected state government. 

In its order, the Supreme Court said that while the Chief Secretary may be appointed by the Central Government, they must adhere to the directives of the Delhi Government on matters falling within the jurisdiction of the Delhi Government. The matters under the jurisdiction of the Delhi government include that of land, public order, police, etc. While the executive and legislative powers for Delhi lie with the Central Government, other subjects fall under the purview of the Delhi Government.

The court noted in its judgment that a civil servant should be politically impartial and must act upon the elected government's directives. The position of Chief Secretary is distinct in itself as they hold responsibility for matters within and outside the purview of the Delhi Government. It said that the Chief Secretary should not become a cause of obstruction in any way for the functioning of the elected government.

The Aam Aadmi Party led Delhi government and the Narendra Modi-led Central government have been at odds over laws concerning Delhi which is a union territory. The AAP has time and again accused the Centre of interfereing in the Delhi  government's day to day work through Lieutenant Governor.