SC Asks Delhi CM, L-G to Set Aside Differences, Work Jointly on DERC Chief Issue

NEW DELHI: The Supreme Court on Monday counselled Delhi chief Arvind Kejriwal and lieutenant governor VK Saxena to set aside their political bickering and attend to the solemn business of governing the national capital.

The apex court said this while asking both of them to sit together and decide on the next Delhi Electricity Regulatory Commission (DERC) chief, the case regarding which the court will hear next on Thursday.

The SC on Monday also mulled placing the ordinance case before a constitutional bench as the bench felt that the Constitution has been amended.

The Supreme Court had said last week that it would hear on Monday the Delhi government’s petition against the DERC chairperson’s appointment, and also the state’s challenge to the Centre’s services ordinance.

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, comprising justices PS Narasimha and Manoj Misra, had not allowed the Delhi government to proceed to give oath to justice (retd) Umesh Kumar, the newly appointed DERC chief on July 4, had set the matter for hearing on July 17.

The Delhi government’s petition against the Centre's order, which questions the June 21 order of the Centre in appointing former Allahabad high court judge as DERC chairperson, also wants to challenge the ordinance giving the Centre power to take over appointments to commissions and bodies under Delhi government under Section 45D of the newly promulgated Government of National Capital Territory of Delhi (Ordinance), 2023.

Following the hearing on July 4, the top court has also heard a substantial petition filed by the Delhi government on July 10, which sought to challenge the entire ordinance.

On Monday, the court agreed to consider passing interim orders for staying the ordinance. It allowed two weeks to the Centre and the L-G to file a comprehensive response justifying the validity of the ordinance. This came after the Delhi government alleged that the said ordinance went against the top court’s May 11 judgment which said that services under the subjects on the State List will be made to stay with the Delhi government.

Senior advocate Abhishek Manu Singhvi, appearing for the Delhi government in the DERC matter, told the court last week that the Centre was yet to file its response. The court proceeded to tell the Centre to file its response by the next date.

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