Centre told to clarify rule under which DERC appointment done

The Supreme Court on Tuesday deferred the administration of oath to the newly appointed Delhi Electricity Regulatory Commission chairperson, justice Umesh Kumar, and sought the Union government’s response on a plea challenging an ordinance that it relied on to fix the appointment. During Tuesday’s hearing, Singhvi argued the Centre’s notification appointing justice Kumar as DERC chairperson could not be issued as Section 84 of the Electricity Act authorises the state government to appoint chairperson of DERC. Mehta said the Delhi government has delayed administering oath to justice Kumar as the Delhi power minister has either been travelling or is physically unwell. Do not permit such games to be played.” According to Section 45D of the Centre’s ordinance, “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.” Singhvi, however, argued that if the Delhi government provides finances for the running of bodies such as DERC, its power to run them cannot be taken away by an ordinance.