INSUBCONTINENT EXCLUSIVE:
NEW DELHI: The Supreme Court on Monday had a piece of advice for both Delhi lieutenant governor V K Saxena and Delhi chief minister Arvind
Kejriwal - "rise above political bickering." The top court's remarks came amid differences between the two constitutional functionaries over
the appointment of new Delhi Energy Regulatory Commission (DERC) chairperson.A bench of Chief Justice D Y Chandrachud and Justices P S
Narasimha and Manoj Misra said "The two constitutional functionaries have to rise above political bickering and they should give a name for
the DERC chairperson.""Does everything run through modalities of the Supreme Court? They both are constitutional functionaries
We are not so much concerned about DERC chairperson appointment which will be done
We are on the larger issue
You both can sit together and sort out some issues," the judges added.The top court was hearing a petition filed by Delhi government
relating to the appointment of Delhi Electricity Regulatory Commission chairperson, which has become the latest flashpoint between the AAP
government and the Delhi LG
The apex court had on July 4 ordered to defer the oath taking ceremony of the appointment of Justice (retired) Umesh Kumar as the
chairperson of Delhi Electricity Regulatory Commission (DERC) till July 11
It had also said 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.The Delhi government moved the Supreme Court challenging the appointment of former Allahabad High Court
judge Justice Umesh Kumar as DERC chairperson on the ground that it was unilaterally made by the Lieutenant Governor without its
concurrence.The AAP government had in January sent the name of retired justice Rajiv Kumar Shrivastava to the LG V K Saxena for appointment
as the new chairperson of the power regulator
However, the file was returned by Lieutenant Governor Saxena with a recommendation to also consult with Delhi high court chief justice for
Later, the Delhi government approached the Supreme Court on April 12, blaming the LG for delaying the appointment.On May 19, the top court
observed that the LG is not supposed to act on his own discretion on such appointments, and directed the government to appoint the DERC
chairperson within two weeks.Shrivastava, however, expressed his inability to take the responsibility through a communication to the LG on
of Allahabad High Court as the chairperson of Delhi Electricity Regulatory Commission (DERC) under the provisions of the new ordinance.Delhi
violating the constitution by appointing someone else for that position.She said Delhi chief minister Arvind Kejriwal had on June 21
promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create a National Capital Civil Service
Authority for transfer and posting of Group-A officers in Delhi
The Ordinance was brought after a five-judge Constitution Bench of the Supreme Court had granted control over services in Delhi excluding
police, public order and land to the elected government
Thereafter, Delhi's AAP government had moved the Supreme Court challenging the constitutionality of the Ordinance, saying it violates the
scheme of federal, democratic governance entrenched for the NCTD in Article 239AA and is manifestly arbitrary, and sought an immediate stay
On May 20, the Centre had also moved the Supreme Court seeking review of the May 11 judgment.
