The Chief Justice of India DY Chandrachud advised the Lieutenant Governor of Delhi and the Government of National Capital Territory of Delhi (GNCTD) to 'rise above the political bickering' and hold discussions on who could be the chairperson of the Delhi Electricity Regulatory Commission (DERC).
The CJI said, "We want the LG and the government to sit down and make the government work." King's counsel Harish Salve, who represented the LG informed the court that he will advise his client to do so and inform the court on the outcome of the same. Senior advocate Abhishek Manu Singhvi, who represented the Delhi government undertook to take instructions and would revert back to the court on July 20.
On July 4, the 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 Lieutenant Governor on a plea of the Delhi government challenging the law governing such an appointment.
On July 3, Lieutenant Governor V K Saxena advised Chief Minister Arvind Kejriwal to complete the oath-taking exercise of Justice Kumar through video conferencing, after the event was postponed due to Power Minister Atishi's "ill health".
The appointment of the DERC chairperson has led to a power tussle between the Delhi government and the office of the LG.
SC to hear challenge to Delhi services ordinance on July 20:
While hearing the petition by the Delhi government challenging the ordinance's constitutionality on control of services, a bench led by CJI DY Chandrachud expressed their desire to refer it to a five-judge Constitution Bench as it requires detailed consideration.
However, Solicitor General Tushar Mehta and Senior Advocate AM Singhvi who appeared for the centre and Delhi Government respectively argued that the matter need not be referred to the constitution bench and they will argue on the same on July 20.
The court accordingly deferred the hearing of the case to July 20.
On July 10, the apex court issued notice in the plea and asked the LG to file their response to the plea.
The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, to create an authority for the transfer and posting of Group-A officers in Delhi. The Aam Aadmi Party (AAP) government has termed it a ”deception” with the Supreme Court verdict on control of services.
The ordinance, which came a week after the Supreme Court handed over the management of services in Delhi excluding police, public order and land to the elected government, seeks to set up a National Capital Civil Service Authority for transfer of and disciplinary proceedings against Group-A officers from the Delhi, Andaman and Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.
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