Rise above political bickering, break the impasse: SC to Kejriwal, Delhi LG

New Delhi: The Supreme Court on Monday suggested that both Delhi Chief Minister Arvind Kejriwal and Lieutenant Governor VK Saxena should rise above political bickering to ‘break the impasse’ over the controversial ordinance introduced by the Centre.

The ordinance overturned a previous judgment of the Supreme Court, which had granted the Delhi government greater control over its bureaucrats.

"We have a suggestion to break the impasse. Can the LG and CM sit down and give an agreeable candidate? So that the person can be appointed for DERC (Delhi Electricity Regulatory Commission)," the court said.

The court expressed its inclination to refer the Delhi government's petition challenging the ordinance to a five-judge Constitution bench.

The bench, headed by Chief Justice of India DY Chandrachud, along with Justice PS Narasimha and Justice Manoj Misra, scheduled the next hearing for July 20.

Senior Advocate Harish Salve, appearing for the Lieutenant Governor, said he was fine with the court's suggestion.

"The ideal situation is both agreeing to a name for the DERC Chairperson. We don't want to step into this. We want both of you to sit together and resolve this," the court added.

The court made the suggestion after Senior Advocate Abhishek Manu Singhvi, arguing for the Aam Aadmi Party government, told the court the DERC was "headless".

Solicitor-General Tushar Mehta informed the court that the Centre has filed an affidavit that the Bill will be introduced in the upcoming Parliament session to replace the Ordinance.

The case relates to one section of the Ordinance, the appointment of DERC Chairperson.

The DERC chairperson post has been vacant since January 9. Earlier this month, the top court had deferred the oath taking ceremony of DERC chairperson-designate Justice (Retd) Umesh Kumar calling it ‘unconstitutional’.

The appointment of the DERC chairperson was a bone of contention between the AAP government in Delhi and Lieutenant Governor V K Saxena after the promulgation of the Centre’s ordinance on the services matter.

The court is also hearing a second plea challenging the whole ordinance, in which it will issue notice and send the matter to a Constitution bench. The Supreme Court will next hear the case on Thursday.

The Centre is unlikely to face any trouble getting its ordinance through Rajya Sabha, where it does not have a majority, despite the Aam Aadmi Party (AAP) securing the Congress's support on the subject.

Also Read:DERC chairman row: SC issues notice to Centre, Delhi Lt Governor; defers appointment