The Supreme Court on Monday suggested that the Lieutenant Governor (LG) and Chief Minister of Delhi should engage in constructive dialogue to jointly determine the appointment of the Chairperson for the Delhi Electricity Regulatory Commission (DERC). Emphasizing their constitutional roles, the court called for the officials to transcend disputes and reach a consensus.
"They are constitutional functionaries, they have to rise above bickering", Supreme Court said.
The apex court, while posting the matter of appointment of the DERC Chairperson for hearing on July 20, said: “So much of the work of government happens away from the public eye. We are not so much concerned about the DERC Chairperson appointment which will be done. We are on the larger issue.”
Aam Aadmi Party (AAP) led Delhi government has called the appointment of Justice (Retd) Umesh Kumar as the Chairperson of DERC "unconstitutional and unlawful". AAP accused the BJP-led Central Government of deliberately disregarding the elected state government's recommendation of Justice (Retd) Sangeet Lodha for the DERC Chairperson role.
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The comments came while the Chief Justice of India (CJI) led bench was hearing the Delhi government's plea challenging the Delhi Services Ordinance.
Here's an excerpt of the conversation as reported by Bar and Bench:
Senior Advocate AM Singhvi: This ordinance is a direct infringement... They say nothing is happening... DERC is headless... There is supposed to be a fixation on power tariffs... By which free electricity was given...
CJI: Can the LG and CM Kejriwal give us an agreed name for the DERC chairperson, and we appoint him for the time being... Every modality does not have to go through the Supreme Court.
Senior Advocate Harish Salve: I do not need instructions. I appear for Delhi LG.
Senior Advocate AM Singhvi: It will only be miraculous that both of them agree on a name.
CJI: The two constitutional functionaries have to rise above political bickering, and they should give a name for the DERC chairperson.
Senior Advocate Harish Salve: When the lawyer for the Delhi govt says that he does not have any hope, etc., this creates a mood... The first reaction should be yes, it can be done.
Senior Advocate Harish Salve: I have a host of names who will be willing to accept the post...
Senior Advocate AM Singhvi: We will approach the Delhi LG tomorrow.. my friend should also smell the coffee... and be realistic
Senior Advocate Harish Salve: Do not make such statements.
SG Tushar Mehta: The CJI has used the word with a degree of diplomacy and statesmanship...
CJI: we can take this case next Thursday since this bench composition will be available then. This formality of consulting the chief justice of parent HC should also be done and tell us by then... one functionary can give 3 names...the other functionary can select one name and then move ahead. we do not want to step into this.. we want that you both make the state work.