The Supreme Court on Monday urged the Lieutenant Governor and Chief Minister of Delhi to stop “political bickering” and conduct themselves as constitutional functionaries to zero in on a name for appointment as the Delhi Electricity Regulatory Commission (DERC) chairperson.
Post vacant for 6 months
The office of the DERC chairperson has been vacant for over six months.
“You are two constitutional authorities. You have to rise above political bickering. You must break this impasse. Does everything have to be done through the Supreme Court? Why can’t the LG and Chief Minister, as constitutional functionaries, sit down and find a candidate, so that DERC can at least function…” Chief Justice of India D.Y. Chandrachud told lawyers appearing for both the Delhi government and the L-G.
Senior advocate Harish Salve, appearing for the L-G, agreed with the Supreme Court. Senior advocate A.M. Singhvi, appearing for the Delhi government, though initially sceptical, said the government would approach the L-G on July 18 itself.
The law requires a DERC chairperson to be a retired High Court judge.
The tug of war between the Delhi government and the L-G began soon after the lapse of tenure of DERC chairperson Justice (Retd.) Shabihul Hasnain.
LG delayed clearance
The Delhi government had initially approved the appointment of retired Madhya Pradesh High Court judge, Justice Rajeev Shrivastava, as chairperson. However, Justice Shrivastava’s file remained pending in the L-G office for so long that the retired judge withdrew his assent.
Shortly after this, the Centre promulgated the National Capital Territory of Delhi (Amendment) Ordinance, 2023 on May 19. The Ordinance gave the L-G the final say in appointments to Commissions and Tribunals in the National Capital. This was despite a May 11 Constitution Bench verdict which had trimmed the L-G’s discretion to three areas—police, public order and land—in Delhi.
The Delhi government accused the Centre of using the ordinance to notify the appointment of former Allahabad High Court judge, Justice Umesh Kumar, as DERC chairperson. The AAP regime said the Central notification appointing Justice Kumar was issued on the same day the Delhi government named Justice (retired) Sangeet Lodha as its second choice as DERC chairperson.
Justice Kumar’s swearing-in was however deferred by the Supreme Court on July 4.
“We are on a larger issue here, not just on the appointment of DERC chairperson… Why can’t two constitutional functionaries sit together?” Chief Justice Chandrachud told Mr. Salve and Mr. Singhvi.
Besides, the Bench said the CJI could have suggested a host of brilliant retired judges for the assignment.
“But we do not want to step in on this, we want you both to sit and decide,” Chief Justice Chandrachud said, posting the case for Thursday.
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