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SC Asks Delhi CM, LG to Consent on the Name of DERC Chief

SC Asks Delhi CM, LG to Consent on the Name of DERC Chief

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NEW DELHI, July 17: The Supreme Court on Monday asked the Delhi Lieutenant Governor V K Saxena and the Chief Minister Arvind Kejriwal to “rise above political bickering” and “sit together” to agree on a name for appointment as chairman of the Delhi Electricity Regulatory Commission (DERC).

A three-judge bench presided by Chief Justice of India D Y Chandrachud, and comprising Justices P S Narasimha and Manoj Mishra, said this while hearing the Delhi government’s plea challenging the appointment of a chairman by the President. The court had last week permitted the oath-taking ceremony to be deferred as it is hearing the matter.

Senior Advocate A M Singhvi, appearing for the NCT government, told the bench that “today, DERC is headless and the tariff which has to be fixed, which includes a subsidy on power which was the most populist schemes of the NCT (government), is getting delayed and staggered.”

He added that “according to us, that is one of the main reasons this (Ordinance on Services) has been brought (by the Centre). So that the political executive of Delhi cannot project its… policies.”

To this, the CJI asked what can be done to break the impasse. “… Does everything have to be done through the modalities of the SC. Can the L-G and CM, as two Constitutional functionaries, sit down and give us the name of an agreed candidate. We will record that and at least allow the DERC to start functioning.”
Singhvi reacted with scepticism: “I will come back. In the context in which Your Lordships is seeing these matters, I don’t think it’s realistic… We will approach them tomorrow.”

Said the CJI, “These are two constitutional functionaries. Either you allow the affairs of government in Delhi to function or you don’t allow them to function. They have to rise above political bickering. They must sit together and give us an agreed name.”

Taking exception to Singhvi expressing doubts about the outcome, Senior Advocate Harish Salve, appearing for the L-G, agreed with the SC’s suggestion: “What Your Lordships have said is their constitutional duty and they must do it.”

Salve added, “I must only express regret that the lawyer for the Delhi government starts by saying I have no expectations…” He said these kinds of statements may get people’s back up: “When the lawyer for the Delhi government starts by saying ‘I don’t have hope,’ you are now creating a mood by which the other person then says, ‘oh this is how you are coming’… The first reaction should have been ‘yes, we will do it.”

Salve said: “I think we must go with the hope that in all probability, good sense will prevail and the two constitutional functionaries will be able to resolve this…”

In response, Singhvi said: “You should smell the coffee. I said in the next sentence that I am approaching him tomorrow.” He added that he was, however, also realistic.

Justice Narasimha said there is a constitutionally incorporated mechanism for resolving this and it must be utilised. Salve said he was confident about his client and added: “I will advise him to rise above all politics and sit as the constitutional functionary.”
“So long as the underlying principle is that you want an objective chairperson of the DERC, I think we will be able to find the chairperson,” added the CJI.

Singhvi said that if the L-G and CM agree, “that will be best”. “Only thing, it may not have the formality of writing letters, we will have to tell them to talk over the telephone and report to the court,” he said.

(Manas Dasgupta)

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