| 17 July 2023
In a recent development, the Supreme Court of India has called upon the central government and Delhi Chief Minister Arvind Kejriwal to set aside their political differences and work together to resolve the matter concerning the appointment of the Delhi Electricity Regulatory Commission (DERC) chairperson. The court emphasized the importance of constitutional functionaries rising above political bickering and finding a solution to the issue at hand.
The bench, comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and Manoj Misra, expressed their reluctance to intervene in the matter and encouraged the Lieutenant Governor of Delhi, VK Saxena, and Chief Minister Kejriwal to sit down together and reach a mutually agreeable decision. The court has set a deadline for the two parties to inform the court about their progress by Thursday, July 20.
During the proceedings, Senior advocate Harish Salve, representing the Lieutenant Governor, remarked that these cases should not have winners or losers, implying the need for cooperation and compromise between the central government and the state government. The bench echoed this sentiment and urged both the Centre and the state to transcend the political arena and focus on selecting a suitable candidate for the DERC chairperson position.
The controversy arose when Justice Umesh Kumar was appointed as the DERC chairperson on June 21, disregarding the Delhi government's recommendation of Justice (retired) Sangeet Raj Lodha from the Rajasthan High Court. Subsequently, the Delhi government raised objections to Justice Kumar's appointment and contested it in the Supreme Court.
On July 4, the Supreme Court explicitly instructed Lt Governor VK Saxena not to request Arvind Kejriwal to administer the oath to Justice Kumar. The court deferred the oath-taking ceremony of Justice (retd) Umesh Kumar as the head of Delhi's electricity regulatory authority, stating that it would assess the constitutional validity of a provision in the Centre's recent ordinance governing appointments.
This appointment has now become another point of contention in the ongoing power struggle between Delhi's Aam Aadmi Party (AAP) government and the central government. The clash of interests between the two sides has resulted in a legal battle, highlighting the need for constructive dialogue and cooperation to avoid unnecessary delays and conflicts.
The Supreme Court's intervention seeks to bridge the gap between the central government and the Delhi government, emphasizing the importance of resolving matters through meaningful discussions rather than escalating political tensions. As the court awaits the decision from the Lieutenant Governor and Chief Minister, all eyes will be on the outcome of their collaborative efforts, hoping for a resolution that serves the best interests of the people of Delhi.
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