The Supreme Court on Friday, August 4, 2023, nominated former Delhi High Court judge, Justice Jayant Nath, as pro-tem chairperson of the Delhi Electricity Regulatory Commission (DERC) after the Delhi government and the Lieutenant Governor (L-G) failed to reach a consensus on a name.
A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said the Lieutenant Governor and the Chief Minister in consultation with Justice Nath would notify his honorarium.
The court was compelled to intervene as the DERC had remained headless for months due to a deadlock between the Lieutenant Governor and the Delhi government over the appointment.
The Bench clarified that the person it nominated would only discharge the functions of a DERC chairperson on an ad hoc basis.
The Delhi government, represented by senior advocate A.M. Singhvi and advocate Shadan Farasat, had approached the top court, criticising the L-G of stalling the appointment of the DERC head for months together, and finally, choosing his own candidate as the DERC head.
On July 4, the Supreme Court had stepped in to defer the swearing-in of former Allahabad High Court judge, Justice Umesh Kumar, as DERC chairperson.
The Delhi government had also separately challenged the validity of a Central ordinance giving the L-G power over civil services and appointments in tribunals and commissions.
The Supreme Court has referred the challenge to the ordinance to a Constitution Bench.
The court had earlier urged the L-G and the Delhi Chief Minister to rise above their “political bickering” and sit together to reach a consensus on a name for DERC chairperson. However, this proved unsuccessful.
