The recent six-month extension of the tenure of Delhi Chief Secretary Naresh Kumar, who was due to retire on 30 November, appears to be at odds with the essence of the Constitutional Bench judgment dated 11 May and the Government of the National Capital Territory of Delhi (Amendment) Act, 2023.
Federalism is part of the basic structure of the Constitution of India, and there is a division of powers under the Seventh Schedule of the Indian Constitution.
The Supreme Court's landmark ruling in Government of NCT of Delhi vs Union of India established that the National Capital Territory of Delhi (NCTD) holds legislative and executive authority over "services" (Entry 41 of List II of the Seventh Schedule).
This was deduced from the application of the definition of "state" in Part XIV of the Constitution under Section 3(58) of the General Clauses Act of 1897. Thus, Part XIV is applicable to Union territories, and the exercise of rule-making power under Article 309 does not oust the legislative power of the appropriate authority to make laws over Entry 41 of the State List.