Giving a suggestion to break the impasse on Centre’s controversial ordinance in Delhi, the Supreme Court on Monday said that Chief Minister Arvind Kejriwal and Lieutenant Governor (L-G) VK Saxena have to “rise above political bickering.”
Hearing the DERC matter, Chief Justice of India (CJI) asked if it was possible for L-G and the chief minister to “rise above political bickering, sit down and give a name so that Delhi Electricity Regulatory Commission (DERC) can function”.
This remark came after Delhi government said that the DERC was at present “headless”.
“We have a suggestion, is it possible that the chief minister and L-G can sit down and give a name so that the DERC can function? Why should everything go through modalities of the Supreme Court,” CJI said.
The Supreme Court on Monday was hearing the petition of Delhi government challenging June 22 notification of appointment of Umesh Kumar as Delhi Electricity Regulatory Commission (DERC) chairman.
AAP-led Delhi government’s petition questioning the June 21 order of the Centre appointing former Allahabad High Court judge as DERC chairperson also challenges the controversial ordinance that overturned a judgement of the top court granting greater control to the Delhi government over its bureaucrats. Centre’s ordinance move gave it 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].
Senior advocate Harish Salve, appearing for Delhi L-G Vinai Kumar Saxena, said “I don’t need instructions. This must happen… It’s unfortunate that the Delhi government lawyer [Abhishek Singhvi] starts by saying that he has no hope. The first reaction should be yes, we’ll do it.”
“I’ll ask him to rise above politics and sit as a constitutional functionary,” Salve said.
Earlier this month, the Supreme Court had deferred the oath taking ceremony of DERC chairperson-designate Justice (retd) Umesh Kumar and sought responses from the Centre and the office of the L-G on Delhi government’s plea challenging the law governing such an appointment.
Kumar was appointed chairman of DERC on June 21. The AAP dispensation has challenged his appointment in the Supreme Court.
The appointment of DERC chairman became the latest flashpoint between the Delhi government and the lieutenant governor’s office, following the Centre’s ordinance on control of services.
SC Sends Ordinance Matter to Constitutional Bench
In another development, the Supreme Court on Monday also said it will refer the issue concerning the challenge to the Delhi services ordinance of the central government to the constitution bench.
The Supreme Court will now hear the matter on Thursday, July 20.
There are three entries over which Delhi government has no control. What they have done is that by using power under 239AA(vii), they have amended the constitution to take services out of Delhi government control. Is that permissible? I don’t think either constitutional judgement has covered that,” CJI said on Monday.
The Supreme Court was hearing the plea filed by the Delhi government challenging the constitutionality of the ordinance on control of services. A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha was hearing the matter.
Senior advocate Abhishek Singhvi had mentioned the matter seeking urgent hearing on July 6. In its plea, the AAP government has said it is an “unconstitutional exercise of executive fiat” that attempts to “override” the top court and the basic structure of the Constitution.
The Ordinance Row
The BJP-led central government had in May brought an ordinance on the transfer and posting of bureaucrats in Delhi, virtually negating an earlier Supreme Court verdict that had given the elected government in Delhi the control over services matters.
The ordinance seeks to set up a National Capital Civil Service Authority for the transfer of and disciplinary proceedings against Group-A officers from the DANICS cadre.
Transfer and postings of all officers of the Delhi government were under the executive control of the lieutenant governor before the May 11 verdict of the apex court.
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