Yesterday, the Supreme Court of India directs that the Chairperson of the Delhi Electricity Regulatory Commission (DERC) be appointed within two weeks.

While giving reference to Section 84 of the Electricity Act, the bench headed by Chief Justice D Y Chandrachud said while appointing a sitting or a retired judge to the post of a state electricity regulatory commission, the chief justice of the high court, to which the judge concerned belonged, has to be consulted.

Further, theSupreme Court said Section 84 of the Electricity Act, 2003 provides for the appointment of chairperson and members of the state commission and the substantive part indicates that the state government may appoint any person from among persons “who is or has been judging of HC”

“However, appointment is to be made after consulting Chief Justice of that HC. The expression makes it clear that consultation has to be made with the Chief justice of the high court from which the judge is drawn. Where a sitting judge is to be appointed, the CJ consulted will be one who the judge is serving.

“Where it is a former judge. CJ of the HC where the judge has previously served. In view of clear provisions, the appointment of chairperson shall be made in two weeks,” the bench, also comprising Justices P S Narasimha and K V Vishwanathan said.

Referring to a 2018 constitution bench judgement and the one the Supreme Court recently pronounced on the services row between the Centre and the Delhi government, the bench said it has been made clear that the “LG has to act on the aid and advice of the council of ministers.”

“Delhi government sent a proposal to the LG for the appointment of a retired Madhya Pradesh high court judge as DERC chairperson before the post fell vacant. But no decision has been forthcoming,” senior lawyer Abhishek Singhvi, who represented the Delhi government, had submitted.