Rise above 'political bickering': SC to Delhi L-G, Kejriwal over DERC chief selection

The bench emphasised that both should get down to the serious business of governance in Delhi and decide unanimously on the next DERC chief.

The Supreme Court on Monday asked Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor V K Saxena to rise above the political bickering to pick a name of a retired judge to head the Delhi Electricity Regulatory Commission.

"Does everything have to run through modalities of the SC, they can sit together and give a list of agreed names. These are two constitutional functionaries. They have to rise above political bickerings,” a bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and Manoj Misra said.

The court's suggestion to senior advocates A M Singhvi and Harish Salve appearing for the Delhi government and the Lieutenant Governor respectively came while hearing a matter related to appointment of DERC chairman.

On this, Singhvi, said, "I don't have a problem if they can miraculously agree".

Salve, for his part, said he is fine with it and this must happen. "It is unfortunate that the Delhi government lawyer starts by saying that he has no hope and instead, the first reaction should be yes, we'll do it," he said.

The bench emphasised that both should get down to the serious business of governance in the national capital, and decide unanimously on the next DERC chief.

Appearing for the Centre, Solicitor General Tushar Mehta appreciated the underlying principle of degree of diplomacy and statesmanship in the court's proposal.

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The bench also said had there been a statute, "We would have given a name. We have a whole host of extraordinary people”.

The bench fixed the matter for consideration on Thursday.

During the hearing, Mehta submitted that the matter also related to validity of Section 45D of the GNCTD Act, which stood amended by the latest Ordinance issued by the Centre.

"We are presenting it before Parliament in sessions beginning on July 20 and it may or may not come in the present form," he said.

Singhvi contended the Centre wanted to delay and stagger the most popular scheme related to free electricity by the Delhi government.

On July 4, the Supreme Court had prevailed upon the Delhi government to defer the oath taking of former Allahabad High Court Judge, Justice Umesh Kumar as the Chairperson of the Delhi Electricity Regulatory Commission (DERC).

The Delhi government questioned unilateral decision taken by Lieutenant Governor in picking up Justice Kumar to the post without taking its concurrence.

The post of DERC chairman has been lying vacant since incumbent Justice Shabihul Hasnain, former judge of the Allahabad High Court attained 65 years of age on January 9, 2023.

On July 3, Lieutenant Governor Saxena had advised Chief Minister Arvind Kejriwal to complete the oath taking exercise of Justice Kumar through video conferencing, after the event was postponed due to ill health of Power Minister Atishi.