The heat and dust over the appointment of the chief secretary in Delhi raises two important—and related—issues. First, the nature of relationship between chief minister and the lieutenant-governor with regard to non-reserved subjects. The second, which is even more fundamental, is the manner and method of amendment of a constitutional provision by the Centre.
On May 15, Lieutenant-Governor Najeeb Jung appointed Shakuntala Gamlin as chief secretary of Delhi despite the CM expressing strong reservations. Jung issued an order directing the Principal Secretary Services, government of Delhi, to appoint Gamlin. The AAP government claimed that the lieutenant-governor cannot bypass the elected government, as doing so would be in contravention of Article 239AA of the constitution.
Article 239AA clause (3)(a) lays down that the legislative assembly of the government of NCT shall have powers to make laws in respect of matters enumerated in the state list or in the concurrent list except matters with respect to entries 1, 2 and 18 of...
