DERC chairman row: All you need to know about the tussle over appointing panel head
The chairperson’s post of the key regulatory commission that oversees the electricity sector of the national Capital and fixes the power tariffs, has been vacant since January 9
The controversy surrounding the appointment of Delhi electricity regulatory commission (DERC) chairperson-designate has been raging on for the past six months amid the ongoing tussle between the Aam Aadmi Party (AAP)-led Delhi government and lieutenant governor VK Saxena over the issue.
In the latest set of developments, Supreme Court 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.
The chairperson’s post of the key regulatory commission that oversees the electricity sector of the national Capital and fixes the power tariffs, has been vacant since January 9.
Also Read:SC defers oath of DERC chairman, to hear Delhi government’s challenge on July 11
On Tuesday, the Delhi cabinet minister Saurabh Bhardwaj said that the Centre is trying to interfere in the power subsidy and electricity rates in Delhi.
“Why does the central government want its authority on DERC? It is the Delhi government’s job to supply electricity in Delhi. It is their job to fix the rate. What does the Centre want to do by interfering? Does it want to make it expensive? Does it want to stop subsidy? Why did the L-G suddenly feel that the DERC chairman should be appointed as per the Centre?”, Bhardwaj said.
“Supreme Court had said that the elected Delhi government will appoint the DERC chairman. Still, LG tried to appoint a new chairman. I believe that the manner in which the LG attempts to indulge in contempt of the highest Court again and again is like defying the system,” Bhardwaj added.
A response from the LG office is awaited.
The tussle over who has the power to appoint the DERC head started when the last chairperson of DERC, retired justice Shabihul Hasnain vacated the office in January after attaining the age of 65 years.
In January, the AAP-led Delhi government had approved the appointment of Srivastava as the DERC chairperson.
The proposal was presented by Delhi’s former deputy chief minister Manish Sisodia, the then power minister according to the previously followed precedents outlined in the Electricity Act.
Back then, L-G Saxena’s secretariat said that he needs legal advice on whether the opinion of the Delhi high court chief justice is needed for accepting the Delhi government’s proposal.
Following the delay in appointment of the DERC chairperson, the Delhi government filed a petition in the Supreme Court and in April, the apex court issued notice on a writ petition filed by the GNCTD against the Delhi LG’s inaction in approving the proposal to appoint Justice Rajeev Kumar Shrivastava.
On May 19, the Supreme Court in an order said that that according to the Electricity Act 2003, only the concurrence of the chief justice of that high court from which the recommended judge retired is required and the concurrence of the Delhi HC chief justice is not needed.
The court had directed that LG should act on the aid and advice of the elected government.
The services ordinance, promulgated by the Centre on May 19, introduced a series of amendments to the Government of National Capital Territory of Delhi (Amendment) or GNCTD Act, 1991 to strengthen the position of the lieutenant governor (LG) in being the final authority in deciding matters relating to the transfer and posting of bureaucrats. It essentially negated the top court’s authoritative ruling from May 11 giving complete executive and legislative control over the bureaucracy to the Delhi government.
The ordinance also stipulates (through Section 45D of NCTD Act) that all statutory bodies, commissions, boards, and authorities in the NCTD be constituted by and their members appointed by the President.
Section 45D states, “Notwithstanding anything contained in any other law for the time being in force, any authority, board, commission or any statutory body, by whatever name it may be called, or any office-bearer or member thereof, constituted or appointed by or under any law for the time being in force, in and for the National Capital Territory of Delhi, shall be constituted or appointed or nominated by the President.”
On June 21, the Delhi government recommended the name of a former Rajasthan high court judge for the same post but the same evening, the President issued the notification appointing justice Kumar.
The L-G, on June 22, appointed Justice (Retd) Umesh Kumar of Allahabad HC as the DERC chairman.
According to the statement issued by the LG, justice (retired) Rajeev Kumar Shrivastava (Madhya Pradesh high court) had expressed his inability to be appointed as chairperson, through a communication to the LG on June 15, citing “family commitments and requirements.”
LG’s appointee was expected to be administered oath on Monday but the scheduled swearing in function was postponed on Monday and rescheduled for Thursday due to unavailability of power minister Atishi due to illness.
Delhi L-G Saxena then urged CM Arvind Kejriwal suggesting that the power minister administer the oath to Kumar through video conference or video call on his mobile before 10am on Tuesday.
After the apex court’s deferment of the DERC chairman’s oath-taking ceremony decision, the next hearing will now take place on July 11.