SC May Refer Delhi Govt's Plea Against Centre's Ordinance To Constitution Bench, Next Hearing On July 20

Delhi services row: A Supreme Court bench led by CJI D Y Chandrachud is hearing the Delhi government's plea against the Centre's Ordinance which has become the latest flashpoint in the turf war.

The Supreme Court on Monday indicated that it may refer to the Constitution bench a plea of the Delhi government challenging the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 issued by the Union government relating to control over bureaucrats. The apex court posted the matter for July 20, news agency ANI reported. This comes as the SC bench asked Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor V K Saxena to discuss the names of former judges who could head the national capital's power regulator.

A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra remarked that the two constitutional functionaries have to rise above political bickering. The apex court said it will take up the issue of the appointment of the new DERC chairperson, for consideration again on Thursday, and asked the counsel for the city government and the LG to apprise the Delhi Chief Minister and LG of today's development in the court.

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“The two constitutional functionaries have to rise above political bickering and they should give a name for the DERC chairperson,” the bench said, as quoted by news agency PTI.

The apex court had said on July 4 that it will examine the constitutional validity of a provision of the Centre's recent ordinance governing appointments such as that of the DERC chairperson even as the Delhi government told the court that the oath-taking of Justice (retd) Umesh Kumar as chief of the national capital's electricity regulatory authority stands deferred, PTI reported.

The appointment of Justice Kumar as the DERC chairperson has become the latest flashpoint in the turf war between the AAP government and the Centre.

Aam Aadmi Party (AAP) led Delhi government has challenged the appointment of Justice (Retd) Umesh Kumar as the Chairperson of DERC. AAP deemed the appointment as "unconstitutional and unlawful" and 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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