Rise Above Political Bickering: Supreme Court Tells Lt Governor, Delhi CM On DERC Issue

The Supreme Court on Monday advised Delhi Lieutenant Governor (LG) and Chief Minister to sit together and decide on the name of the Chairperson of DERC (Delhi Electricity Regulatory Commission).

They are constitutional functionaries and have to rise above bickering, the apex court noted.

"So much of the work of government happens away from the public eye. We are not so much concerned about the DERC Chairperson appointment which will be done. We are on the larger issue," says Supreme Court while posting the matter for hearing on Thursday.

The court indicated that it may refer to the Constitution bench a plea of the Delhi government challenging the constitutional validity of the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 issued by the Centre relating to control over bureaucrats.

The Centre had on May 19 promulgated the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 to create an authority for transfer and posting of Group-A officers in Delhi.

The ordinance, which came a week after the Supreme Court handed over the control 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 & Nicobar, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil) Services (DANICS) cadre.

The chief minister is one of the three members of the Authority, while two others are bureaucrats. The decisions by the Authority are to be taken by a majority and, in the event of a dispute, the matter will be referred to the LG whose decision will be final.

Transfer and postings of all officers of the Delhi government were under the executive control of the LG before the May 11 top court verdict.