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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Government of NCT of Delhi – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Dhananjaya Y. Chandrachud, CJI.
1. The incumbent Chief Secretary of the Government of the National Capital Territory of Delhi (GNCTD) is due to demit office on superannuation on 30 November 2023. The petitioner approached this court on the ground that they have reason to believe that the Union of India will unilaterally appoint the Chief Secretary in the exercise of the power under Sections 41 read with 45A(d) read with 45H(2) of the Government of National Capital Territory of Delhi Act 1991,1[“GNCTD Act 1991”] as amended by the Government of National Capital Territory of Delhi (Amendment) Act 2023,2[“2023 Amendment Act”]. The petitioner initiated proceedings under Article 32 of the Constitution seeking :
b. An order appointing one of the five senior most officers serving in the AGMUT cadre with the requisite experience of having served in the GNCTD.
The Solicitor General has apprised the Court that t
(1) Appointment of Chief Secretary of NCTD – GNCTD only has power to propose a candidate for appointment as Chief Secretary – Lieutenant Governor is bound to refer proposal to Central Government and ....
Law enacted by Parliament can limit executive power of NCTD over “services”. (i) What are contours of power of Parliament to enact a law under Article 239-AA(7); and; (ii) Whether Parliament in exerc....
Appointment/Nomination of Aldermen in Delhi Municipal Corporation – Lt. Governor is intended to act as per mandate of statute and not to be guided by aid and advice of Council of Ministers.
The Chief Minister had no independent power assigned under the Rules of Business and Instructions issued thereunder to review or modify the decision taken by the concerned In-charge-Minister.
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