Delhi government v LG: Supreme Court defers oath of former judge Justice Umesh Kumar as DERC Chairperson

The Court had earlier said that the law was settled that the Delhi Lieutenant Governor had to act on the aid and advice of the Council of Ministers while ratifying such appointments.




The Supreme Court was hearing a plea by the Delhi government challenging the appointment of Justice Kumar as DERC Chairperson.

A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha issued notice on the plea and listed it for hearing on July 11.

The Court also clarified that the retired judge should not be administered oath until then.

"There is an understanding that oath be not administered till next week. Lieutenant Governor should not inform the government then that he (Justice Kumar) has to be administered oath," the Court said.

In an earlier round of litigation, the Court said that the law was settled that the Delhi Lieutenant Governor had to act on the aid and advice of the Council of Ministers while ratifying such appointments.

However, the LG relied on a newly promulgated ordinance that gives its office overriding powers in such service matters, to forward Justice Kumar's name.

That ordinance has also been challenged by the AAP government before the Supreme Court.