Ex-Delhi HC Judge Justice Jayant Nath Sworn in as Interim DERC Chairperson

Former Delhi High Court judge Justice Jayant Nath sworn in as the interim chairperson of the Delhi Electricity Regulatory Commission (DERC).

The oath of office was administered by Delhi’s power minister, Atishi.

Justice Nath’s appointment to the DERC follows a directive from the Supreme Court. His tenure is temporary, and he will serve until the Supreme Court resolves the ongoing dispute between the Delhi government and the Lieutenant Governor (LG) concerning the Delhi Services Act of 2023.

Justice Nath holds a BA (Economics) degree from St. Stephen’s College, Delhi University, and obtained his LL.B. from the Faculty of Law, Delhi University in 1982. He was designated as a Senior Advocate of the High Court in 2006. Appointed as an additional judge of the Delhi High Court on April 17, 2013, he later became a permanent judge on March 18, 2015. He retired from the Delhi High Court in November 2021.

On August 4, a Bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra appointed Justice Nath to lead the DERC temporarily. The Court expressed its request for Justice Jayant Nath, a former Delhi HC judge, to assume the role of DERC Chairperson. Given the temporary nature of the appointment, the LG and CM were instructed to consult with Justice Nath to determine the honorarium payable.

The Court’s order emphasized Justice Nath’s impartiality and his ability to remain above controversies. This decision was made in response to a plea filed by the Delhi government contesting the appointment of Justice Umesh Kumar to the same post. The plea argued that Justice Kumar’s appointment was based on the Delhi Services Ordinance, which was challenged due to its perceived inconsistency with the Supreme Court’s Constitution Bench judgment on service control in Delhi.

On July 4, the Court postponed the swearing-in of Justice Kumar. Subsequently, during a hearing on July 17, the top court urged both the LG of Delhi and the AAP-led government to collaboratively propose a candidate for the chairperson position. As consensus couldn’t be reached, the Court opted to appoint Justice Nath as the ad hoc chairperson.