CJI refers Delhi services ordinance case to 5-judge constitution bench

Delhi Ordinance Row: August 4 set as the next date of hearing

Chief Justice DY Chandrachud on July 20 referred the Delhi services ordinance case to a five-judge constitution bench after the Delhi Government and the Lieutenant Governor (LG) VK Saxena failed to reach a consensus on the appointment of the chairman of the Delhi Electricity Regulatory Commission (DERC).

The Supreme Court has said it may consider appointing a former judge on an ad-hoc basis for the time being, but it would consult a few judges before making that decision.

Senior advocate Harish Salve, appearing for the Delhi LG, said the SC can suggest names for the DERC chairperson post and he or she shall be appointed. Solicitor General Tushar Mehta, appearing for the Centre, also suggested the bench pick the DERC chairperson as the institution cannot remain headless.

The bench, which included Justices PS Narasimha and Manoj Misra, said the parties can give names of three or five retired judges of the Delhi High Court and the court can pick one of them for appointment as DERC chairperson.

On July 4, 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 Lieutenant Governor on a plea of the Delhi government challenging the law governing such an appointment.

The CJI had asked the LG and the Aam Aadmi Party-led Delhi government, “Can you both not pick up one judge for appointment as DERC chairperson”, as the appointment of the DERC chairperson led to a power tussle between the Delhi government and the office of the LG.

Meanwhile, the court has set August 4 as the next date of hearing for the Delhi Ordinance row case.