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The appointment of the DERC chairwoman, usually a formality, has become embroiled in the ongoing conflict between the city’s major political factions.This prolonged conflict escalated after the Centre passed an ordinance on May 19 that nullified a Supreme Court ruling from May 11 that gave the elected government of the state control of the bureaucratic machinery in all departments, with the exception of those pertaining to land, public order, and police.

On June 21st, the Delhi government officially proposed Sangeet Lodha, a retired judge, for the role. The Aam Aadmi Party (AAP) government condemned the “illegal and unconstitutional” appointment of Kumar to the seat by the Centre later that day.Electricity, the party argued, properly belongs under state control, and the “aid and advice of the elected administration” must be followed.

On July 4, the apex court ruled that the Delhi government could delay giving Kumar his oath of office.

The appointment order was issued on June 21 under Section 45D of the Government of National Capital Territory of Delhi (GNCTD) Ordinance, 2023, which the bench agreed to review on the same day. The Centre, through the LG, has final say over who serves on all commissions, bodies, and authorities in the Capital Region under Section 45D of the legislation.

The Supreme Court called CM and LG to the stand at Monday’s case hearing and said, “We want to know if it is possible to break this impasse. Why can’t the LG and the CM, as two constitutional officers, meet and agree on a single candidate to run for DERC? Either you cooperate with the established systems or you don’t. They need to put aside their differences and work together.Senior counsel Abhishek Manu Singhvi, speaking for the Delhi government, first argued that it is unrealistic to expect the two officials to agree on a single name.
“But I don’t have a problem if they can miraculously agree,” he continued.

Replying to the court’s request, LG’s lead attorney Harish Salve said his client agreed that the two constitutional functionaries should get down together to work out the dispute.

It’s a shame the Delhi government’s counsel has already given up. We should immediately say “yes” and “we will do it,” as Salve put it.

The bench, presided over by India’s Chief Justice Dhananjaya Y. Chandrachud, also considered whether to refer the Delhi government’s separate appeal to the ordinance to a five-judge constitution bench.

DERC was established in 1999 to regulate the distribution and pricing of electricity in the nation’s capital. The position has been open since (ret.) Justice Shabihul Husnain resigned on January 10 due to retirement. There is now only one person serving on the panel of three.

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Kejriwal tweeted, “Sought time this morning to meet Cong President Sh Kharge ji and Sh Rahul Gandhi ji to seek Cong support in Parliament against the undemocratic and unconstitutional ordinance passed by the BJP government, as well as to discuss the general assault on the federal structure and the current political situation.”

In response to Kejriwal’s remark, Congress leader Alka Lamba stated, “AAP should apologize to the Congress, former Congress leader Sonia Gandhi, former prime minister Dr. Manmohan Singh, late ex-CM Sheila Dixit, and the Gandhi family.” If things proceed, Congress employees will have no objections. We trust the president of the Congress will consider the feelings of party members who were offended by the Aam Aadmi Party.”

This comes one day after the convener of the Aam Aadmi Party conferred with the leader of the Nationalist Congress Party to gain support for the issue. Pawar supported Kejriwal and stated that he would reach out to other states to cultivate consensus among opposition parties, describing the Centre’s ordinance as an attack on parliamentary democracy. Kejriwal had also met Uddhav Thackeray at his residence Matoshree in Mumbai prior to his meeting with Pawar.

The chief minister of Delhi already has West Bengal’s Mamata Banerjee on his side in his fight against the ordinance limiting the administrative powers of the Delhi government. The leader of the Trinamool Congress assured Kejriwal that her party will oppose the legislation when it is introduced to parliament.

ALSO READ :An ordinance lends a late twist to Delhi’s dramatic day.

On May 20, the central government issued an ordinance to regain control over Delhi government officers, sparking a new conflict with the AAP. The ordinance was enacted days after the Supreme Court’s constitution bench ruled that all officers outside of public order, property, and police were under the administrative and legislative control of the Delhi government.

The post Kejriwal asks Kharge and Rahul for time, Cong leader says “say sorry first.” appeared first on Republic Aeon.

Singhvi questioned how the Constitution Bench of the Supreme Court could be nullified by ordinance. “Basis of Constitution Bench was federalism; critical, unique, NCT status under 239AA not being a mere UT; autonomy of elected govt; CS to be accountable to elected govt…none of these can be changed by Ordinance,” the senior attorney questioned.

The new ordinance re #NCT wl hv to be closely examined. But clearly, it is the act of a bad, poor & graceless loser. Doubtful if ctal principles cn be diluted by ordinances/acts. Greater doubt whether parl as a whole wl at all approve it. #LG #NCT #homeministry #goi #bjp

— Abhishek Singhvi (@DrAMSinghvi) May 19, 2023

What is the Delhi ordinance?

The Union government issued an ordinance on Friday stating that the Centre will be in charge of “services” in the National Capital Region. A week earlier, the Supreme Court ruled that the Delhi government has authority over NCT services and Delhi government bureaucrats.

In accordance with the ordinance, the Lieutenant Governor has the ultimate authority and sole discretion regarding the transfer and posting of bureaucrats. The ordinance established for the very first time the National Capital Civil Service Authority, a new service commission for Delhi.

Row after Supreme Court verdict over Ashish More

The Delhi government and the LG were once again at odds over the transfer of Services Secretary Ashish More following the Supreme Court’s decision. The LG was unable to approve his transfer file. More complained to the CS that Delhi minister Saurabh Bharadwaj had a personal grudge against him.

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Friday, hours before the ordinance was issued, Kejriwal raised suspicions that the Centre was preparing an ordinance to nullify the Supreme Court’s order.

Ordinance contempt of court: AAP

Minister of Delhi Atishi stated that the ordinance constitutes a plain case of court contempt. “The Modi administration has disregarded the unanimous ruling of the Supreme Court’s constitutional panel. The Supreme Court had ordered that the elected government be granted the authority to make independent decisions in accordance with its will and the principles of democracy. However, the Centre’s ordinance demonstrates that the Modi administration is a ruthless loser. Atishi stated that the sole purpose of this ordinance is to strip the Kejriwal government of its authority.

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