SC Refers Delhi Ordinance Issue to Constitution Bench, To Make Appointment for Power Regulator Chief

New Delhi, July 20, 2023: The Supreme Court, hearing the contentious issues of the Delhi ordinance on bureaucrats and the appointment of the head of Delhi Electricity Regulatory Commission (DERC), has taken significant steps to address the ongoing face-off between the Delhi government and the Lieutenant Governor (LG). The court referred the matter of the ordinance to a Constitution Bench for examination and decided to make the appointment of the DERC chief itself.

During the hearing, the court was informed that the Delhi government and the LG could not reach a consensus on a candidate for the DERC chief position. Expressing concern over the matter, the bench remarked, “It is sad no one cares about the institution,” leading to its decision to take on the appointment.

Senior Advocate Harish Salve, representing the LG, suggested that the President had already appointed a DERC chairperson, and the court should either grant an injunction against the chairman or allow him to continue.

On the other hand, Senior Advocate Abhishek Manu Singhvi, representing the Delhi government, highlighted that the appointment was based on the ordinance, which has been challenged.

In response, the bench, led by Chief Justice of India DY Chandrachud, alongside Justices P S Narasimha and Manoj Misra, announced, “The validity of the ordinance will go to the Constitution Bench, and it will take one or two months. How can the DERC not function till then?”

The court also heard arguments on an ad-hoc appointment and the list of candidates for the regulator’s chief position. The Chief Justice emphasized that the court would take its own decision and would not be bound by any list.

The Supreme Court further scheduled the next hearing for August 4 and called for cooperation between Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor VK Saxena, urging them to rise above political bickering.

The court’s active involvement aims to resolve the deadlock surrounding the ordinance and the appointment, encouraging both parties to find a common ground for the appointment of the DERC Chairperson and promoting efficient functioning of the institution.