SC Suggests Solution for Delhi Government-LG Impasse Over DERC Chairperson Appointment

New Delhi, July 17, 2023: The Supreme Court today proposed a solution to break the impasse between Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor VK Saxena over the appointment of the Delhi Electricity Regulatory Commission (DERC) Chairperson.

The court suggested that both the CM and LG should sit down and agree upon a candidate for the position. The suggestion came in the context of the Centre’s controversial ordinance that overturned the court’s previous judgment, granting more control to the Delhi government over its bureaucrats.

Senior Advocate Harish Salve, representing the Lieutenant Governor, welcomed the court’s proposal, emphasizing that an agreeable candidate would be the ideal resolution. The court firmly indicated that it wanted both parties to collaborate and find a mutually acceptable candidate for the position.

The issue arose when Senior Advocate Abhishek Manu Singhvi, representing the Aam Aadmi Party (AAP) government, informed the court that the DERC was currently “headless.”

Additionally, Solicitor-General Tushar Mehta informed the court that the Centre had submitted an affidavit promising to introduce a Bill during the upcoming Parliament session to replace the controversial Ordinance.

The Supreme Court is also simultaneously considering a second plea challenging the entire ordinance. In this case, the matter will be referred to a Constitution bench after issuing a notice. The court is scheduled to resume the case on Thursday.

Despite the AAP securing the support of the Congress on the matter, the Centre is unlikely to encounter any difficulties in getting its ordinance through the Rajya Sabha, where it lacks a majority.

The Supreme Court’s suggestion seeks to resolve the ongoing power struggle between the Delhi government and the Lieutenant Governor, emphasizing the need for cooperation and mutual agreement in crucial appointments.