NEW DELHI: The Supreme Court on Tuesday deferred the oath-taking ceremony of former Allahabad High Court judge Justice Umesh Kumar as the chairperson of the Delhi Electricity Regulatory Commission (DERC).
The appointment of Justice Kumar as the DERC chairperson is yet another flashpoint in the turf war between the AAP government and the Centre. The court 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 informed the court the oath-taking of Justice (retd) Umesh Kumar as chief of the national capital’s electricity regulatory authority stands deferred.
A bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha also sought response from the L-G office in the plea challenging the Centre’s June 21 decision to appoint Justice Kumar as the chairperson and the law governing the appointment.
The petition raised a legal issue concerning the constitutionality of Section 45D of the GNCTD Ordinance, 2023, according to which all statutory bodies in Delhi will be appointed by the President. The CJI posted the matter to July 11. “Let him not administer the oath until next Tuesday. We are seized of the matter,” the CJI told senior advocate AM Singhvi and SG Tushar Mehta.
Mehta referred to the chain of events, saying “They have been playing with the judge... Please don’t allow such games,” said the SG. He also submitted the government, by also challenging section 45D of the ordinance, wanted to test the waters before the court took up the pleas on the May 19 ordinance.
We are seized of the matter, says CJI
“Let him (newly-appointed DERC chief) not be administered oath until next Tuesday. Also the Lieutenant Governor should seek administration of the oath since we are seized of the matter,” said CJI