Supreme Court issued a notice to the
office of Lieutenant Governor V. K. Saxena regarding the dispute over
appointments in the Delhi Electricity Regulatory Commission
¨
Supreme Court issued a
notice the office of Lieutenant Governor V. K. Saxena regarding the dispute
over appointments in the Delhi Electricity Regulatory Commission (DERC).
¨
The dispute relates to
the appointment of the DERC chairperson and other members between the Delhi
government and the Lieutenant Governor’s office.
¨
The matter is also linked
to the interpretation of administrative authority and constitutional powers in
the National Capital Territory of Delhi.
¨
Delhi Electricity
Regulatory Commission is a statutory regulatory body responsible for regulating
the electricity sector in Delhi.
¨
It was established under
the Electricity Act, 2003.
¨
The commission is
responsible for tariff determination, monitoring distribution companies, and
protecting consumer interests.
¨
The Electricity Act
provides for regulatory commissions in every state and union territory of
India.
¨
The Delhi government
alleged that the Lieutenant Governor’s office caused unnecessary delay in
appointing the DERC chairperson.
¨
The Lieutenant Governor’s
office had sought legal opinion on whether the consent of the Chief Justice of
the Delhi High Court was required for the appointment.
¨
A bench headed by Chief
Justice D. Y. Chandrachud and Justice P. S. Narasimha issued the notice through
the Principal Secretary to the Lieutenant Governor’s office.
¨ In July 2023, the Supreme
Court described the commission as “headless” due to the prolonged vacancy in
the chairperson’s position.
¨ In August 2023, the court appointed Jayant Nath as the ad hoc chairperson of DERC.
¨ The appointment was made after the Delhi government and the Lieutenant Governor failed to agree on a candidate.
