AAP Govt Seeks Supreme Court Nod for DERC Pro-Tem Appointments

The AAP government in Delhi is set to seek the Supreme Court's approval to expedite the appointment of pro-tem members for the Delhi Electricity Regulatory Commission (DERC), as per official sources. The DERC, a crucial three-member body responsible for regulating the city's electricity, has been operating with vacancies since last year. The absence of two members has prompted this move, highlighting the challenges in governance due to procedural delays.

The necessity for the Supreme Court's intervention stems from a unique set of circumstances. A committee endorsed by the Supreme Court had already shortlisted candidates for these positions. However, the enforcement of the Model Code of Conduct during the Lok Sabha elections and the subsequent arrest of Delhi Chief Minister Arvind Kejriwal in March have led to significant delays in these appointments.

Typically, the file for such appointments must be forwarded by the Chief Minister to the Delhi Lt Governor for approval. Given Kejriwal's incarceration, this process has been stalled, prompting the Delhi government to consider an alternative route. The proposal suggests that the power minister could directly send the file to the Lt Governor, pending court permission.

In a notable development last August, the Supreme Court appointed retired justice Jayant Nath as the pro-tem chairperson of DERC. This decision came after a failure to reach a consensus between the AAP government and the Delhi Lt Governor on a suitable candidate for this position. Following this appointment, a selection committee was established in November under the guidance of Nath. This committee, which also includes Appellate Tribunal for Electricity chairman retired justice Ramesh Ranganathan and retired justice Asha Menon, is tasked with selecting two pro-tem members.

This move by the AAP government underscores the complexities involved in administrative appointments within key regulatory bodies. It also reflects on the broader challenges faced by governance structures when confronted with unforeseen circumstances such as legal issues or electoral codes. The outcome of this appeal to the Supreme Court could set a significant precedent for how administrative hurdles are navigated in future scenarios.