SC Extends Tenure Of DERC Head Justice Nath Ahead Of Retirement

Supreme Court Collegium

The Supreme Court on Monday has extended the tenure of former Delhi High Court judge Justice Jayant Nath as interim chairperson of the Delhi Electricity Regulatory Commission, allowing him to continue even after reaching the superannuation age of 65.

Initially appointed on August 4, 2023, to address the ongoing conflict between the AAP-led Delhi government and the Lieutenant Governor, Justice Nath’s extension was prompted by a new plea from the Delhi government, which stated it had no objection to his continued service beyond the retirement age.

A bench comprising Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra discussed the matter on Monday. Senior advocate Sanjay Jain, representing LG V.K. Saxena, indicated that he also had no objections to waiving the age requirement temporarily.

The bench noted that Justice Nath was already familiar with DERC affairs and could remain in his role until the main plea from the Delhi government was resolved. The court recorded the agreement between the Delhi government and the LG’s office and subsequently extended Justice Nath’s tenure.

This decision comes amid ongoing tensions between the AAP government, led by Chief Minister Arvind Kejriwal, and LG V.K. Saxena over the appointment of the DERC chairperson. Despite the Supreme Court’s previous calls for collaboration, the two parties had struggled to reach an agreement.

On July 17, 2023, the Supreme Court urged both officials to move past “political bickering” and focus on governance. The Delhi government has challenged the LG’s authority in appointing the DERC chairperson, arguing that the LG should act on the advice of the council of ministers, which he has not done.

Additionally, on July 20, 2023, the Supreme Court referred the Delhi government’s separate petition against a Centre ordinance that transferred control of services away from the city administration to a Constitution bench for adjudication.