Supreme Court Issues Notice on DERC Appointments

The Supreme Court issued notice to the office of Lieutenant Governor V.K. Saxena on 9 May 2026 in a plea filed by the Delhi Government over appointments to the Delhi Electricity Regulatory Commission (DERC). The matter concerns the appointment of the DERC chairperson and other members under the regulatory framework for electricity in the National Capital Territory of Delhi.

Delhi Electricity Regulatory Commission

The Delhi Electricity Regulatory Commission is a statutory regulatory body for the electricity sector in Delhi. It functions under the Electricity Act, 2003, which provides for State Electricity Regulatory Commissions in India.

Appointment Dispute and Constitutional Questions

The Delhi Government stated that the Lieutenant Governor delayed the appointment of the DERC chairman by seeking legal opinion on whether the concurrence of the Chief Justice of the Delhi High Court was required. A bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha issued notice through the Principal Secretary of the Lieutenant Governor’s office.

Earlier Proceedings in the Supreme Court

In August 2023, the Supreme Court appointed Justice Jayant Nath, a former judge of the Delhi High Court, as ad hoc Chairman of the DERC after the Delhi Government and the Lieutenant Governor could not agree on a name. In July 2023, the Court referred to the deadlock over the chairperson’s appointment and described the commission as headless.

National Capital Territory of Delhi (Amendment) Act, 2023

The Delhi Government challenged the National Capital Territory of Delhi (Amendment) Act, 2023, which gives overriding powers to the Lieutenant Governor in certain appointment matters. The challenge was pending before a five-judge Constitution Bench in November 2023.

Selection Committee and Member Appointments

In November 2023, the Supreme Court listed the plea concerning the appointment of two DERC members for hearing on 6 November and directed Solicitor General Tushar Mehta to take instructions from the Lieutenant Governor’s office on the constitution of a selection committee. On 18 May 2026, the Court also issued notice to the Delhi Government over delays in appointing other members to the DERC.

Important Facts for Exams

• The Delhi Electricity Regulatory Commission is a statutory body created under the Electricity Act, 2003.
• The Lieutenant Governor of Delhi is appointed by the President of India under Article 239 and Article 239AA relates to the National Capital Territory of Delhi.
• A Constitution Bench of the Supreme Court consists of five or more judges.
• Justice Jayant Nath served as a judge of the Delhi High Court before his appointment as ad hoc Chairman of the DERC.