NEW DELHI: The Supreme Court on Monday asked Chief Minister Arvind Kejriwal and L-G VK Saxena to rise above “political bickering” and unanimously decide the appointment of the chairperson of the Delhi Electricity Regulatory Commission (DERC).
The apex court emphasised that it is not imperative for every modality to go through the Supreme Court. CJI DY Chandrachud said, “Does everything have to be run through SC modalities? Can’t the L-G & CM give a name of an agreed candidate? These are two constitutional functionaries. They have to rise above political bickering. We don’t want to step into this. We want you to sit down and make this work.”
The CJI-led bench, comprising Justices PS Narasimha and Manoj Mishra, was hearing the Delhi government’s plea challenging the June 21 notification of the President appointing Justice Umesh Kumar the DERC chairman. Apart from quashing the notification, the Delhi government had also challenged the constitutionality of Section 45D of the GNCTD (Amendment) Ordinance, 2023 based on which the appointment was made.
The ordinance’s Section 45D made the President the competent authority to appoint any officer-bearer for any authority or any statutory body in and for the GNCTD. The Delhi government was represented by senior advocate AM Singhvi. Harish Salve pleaded for the L-G. The bench adjourned the plea for Thursday. The SC had earlier deferred Justice Kumar’s oath-taking ceremony.
In the hearing on Monday, Solicitor General Tushar Mehta suggested deferring the hearing against the backdrop of the Centre tabling the GNCTD Amendment Ordinance in the Parliament session beginning July 20. In light of the growing differences between the CM and L-G, Salve said, “I am contemplating filing a PIL in my own name so that constitutional functionaries do not engage on Twitter and Instagram...”