By Soniya:
The Supreme Court has issued notice to the office of Delhi Lieutenant Governor V.K. Saxena in a plea filed by the Delhi Government regarding appointments to the Delhi Electricity Regulatory Commission (DERC). The matter relates to delays in appointing the DERC chairperson and other members under the Electricity Act, 2003.
A bench led by Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha sought responses from the Lieutenant Governor’s office through its Principal Secretary. The Delhi Government argued that the appointment process was delayed after the Lieutenant Governor sought legal opinion on whether concurrence from the Chief Justice of the Delhi High Court was necessary for the appointment.
The dispute highlights the ongoing administrative and constitutional tensions between the elected Delhi Government and the Lieutenant Governor over governance powers in the National Capital Territory.
Earlier in August 2023, the Supreme Court had appointed former Delhi High Court judge Justice Jayant Nath as the ad hoc Chairman of DERC after both sides failed to agree on a candidate. The Court had then observed that the regulatory commission had become “headless” due to prolonged delays.
The issue is also connected to the National Capital Territory of Delhi (Amendment) Act, 2023, which grants overriding powers to the Lieutenant Governor in certain administrative matters. The constitutional validity of the law is already pending before a five-judge Constitution Bench of the Supreme Court.
The DERC plays a key role in regulating electricity distribution, tariffs, and consumer interests in Delhi, making timely appointments crucial for the functioning of the power sector.
