The Supreme Court of India on Monday extended the tenure of former Delhi High Court judge, Justice Jayant Nath, as the interim chairperson of the Delhi Electricity Regulatory Commission (DERC), even though he is set to reach the superannuation age of 65.
This decision comes as part of the Court’s ongoing effort to mediate the deadlock between the AAP-led Delhi government and the office of the Lieutenant Governor (LG). Justice Nath was initially appointed as interim DERC chairperson by the Supreme Court on August 4, 2023, in an attempt to resolve the impasse.
On Monday, a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra addressed a new petition from the Delhi government. The petition indicated that the government had no objection to Justice Nath’s tenure being extended beyond the age of 65, which is the retirement age for a DERC chairperson. Justice Nath is approaching this age soon.
Senior advocate Sanjay Jain, representing LG V K Saxena’s office, confirmed that there were no objections to the extension request if the court chose to temporarily set aside the age restriction in this case.
The bench noted that Justice Nath had gained considerable knowledge of DERC affairs and decided he could continue in the role until the primary petition from the Delhi government is resolved. The Court then formally recorded the agreement of both the Delhi government and the LG’s office, extending Justice Nath’s term.
The AAP-led Delhi government and LG Saxena have been in disagreement over the DERC chairperson’s appointment, despite the Supreme Court’s efforts to push both sides toward a solution.
Previously, on July 17, 2023, the apex court urged Delhi Chief Minister Arvind Kejriwal and LG Saxena to set aside political differences and focus on selecting a suitable leader for the capital’s power regulator. The Court emphasized that both constitutional functionaries needed to focus on governance instead of engaging in public disputes.
In its petition, the Delhi government challenged the LG’s authority in appointing the DERC chairperson, arguing that the LG should act based on the advice of the council of ministers, which he had not done in this instance.
On July 20, 2023, the Supreme Court referred a separate petition from the Delhi government, regarding the Centre’s ordinance limiting the city’s control over services, to a Constitution bench for further deliberation.
(With inputs from agency)
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