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Supreme Court of India 2023-11-29

Government of NCT of Delhi vs Union of India & Ors

Bench: 3 — Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

The Delhi Government challenged the Union Government's power to unilaterally appoint and extend the tenure of the Chief Secretary of NCTD without its recommendation. The Supreme Court held that while NCTD has legislative and executive power over services generally, the Chief Secretary is uniquely positioned, performing functions relating to both NCTD's and Union's domains (including public order, police, and land). Therefore, the Chief Secretary's appointment and extension remain with the Union Government. However, the Chief Secretary must comply with the elected government's directions on matters within NCTD's competence and cannot obstruct its functioning.

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Constitutional Law Administrative Law Civil Service Union Territories Separation of Powers Executive Authority

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