DERC chief’s oath-taking deferred
New Delhi: The Supreme Court said on Tuesday 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 informed the court the oath-taking of Justice (retd) Umesh Kumar as chief of the national capital’s electricity regulatory authority stands deferred.
The appointment of Justice Kumar as the DERC chairperson has become yet another flashpoint in the turf war between the city’s AAP government and the Centre.
A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said it wanted to deal with the plea challenging the Centre’s notification appointing Justice Kumar as the Delhi Electricity Regulatory Commission (DERC) chairperson in a “non-controversial” manner on July 11 and so the administration of oath to him should be deferred.
“Dr Abhishek Manu Singhvi, senior counsel appearing on behalf of the petitioner (Delhi government) states that the administering of oath in pursuance of the notification of the Union Ministry of Home Affairs dated June 21, 2023 to the former Judge of the Allahabad High Court shall stand deferred presently,” the order, uploaded on the apex court’s website, said.
The top court also issued notices to the Centre and the office of Lieutenant Governor V K Saxena on the plea of the Delhi government which also challenges the June 21 notification of the Union Ministry of Home Affairs appointing Justice Kumar as the DERC chairperson.
Justice Kumar is a former judge of the Allahabad High Court.
When the counsel for the Centre objected to the deferment of oath taking of the former judge, the bench observed it was rather inclined to stay the MHA notification.
Observing that since the matter involved a “pure question of law”, the bench sought the assistance of Attorney General R Venkataramani and fixed the plea for hearing on July 11.
“Issue notice. Since the constitutional validity of the Section 45 D of the National Capital Territory of Delhi (Amendment) (Ordinance), 2023 has been called into question, a formal notice shall also be served on the Attorney General for India.
“Having regard to the urgency of the matter, the proceedings shall be listed for hearing and final disposal at this stage on 11 July 2023. Since a pure question of law is raised, liberty to the parties to file brief written submissions.
In the event that any counter affidavit is to be filed, a copy shall be served on the petitioner by July 10, 2023,” it ordered.
The appointment of the DERC chairperson has led to a fresh power tussle between the Delhi government and the Centre’s pointman, the lieutenant governor, and it led to filing of a fresh case in the top court.
The Delhi government said in its petition that the office of the LG has to act on the aid and advice of the council of ministers which he has not.
The Centre’s ordinance on services in the national capital territory gives overriding powers to the lieutenant governor over the elected government in the matter of appointments.
