Delhi Lieutenant Governor VK Saxena has written a letter to Chief Minister Arvind Kejriwal expressing his concerns regarding the delayed administration of the oath of office to Justice (Retd.) Umesh Kumar, who has been appointed as the Chairperson of the Delhi Electricity Regulatory Commission (DERC).
The LG has highlighted that Justice Kumar had confirmed his availability for the oath ceremony starting from June 26, 2023, onwards, but the process has not yet been initiated.
Emphasizing the importance of following the prescribed constitutional and statutory provisions, the LG has pointed out that the President has already appointed Justice Kumar as the Chairperson of DERC through a duly notified Gazette notification on June 21, 2023. The next step, as mandated by the relevant statutes, is for the Minister-in-Charge of Power to administer the oath of office to Justice Umesh Kumar.
The Department of Power, under the direction of the Minister (Power), approached Justice Umesh Kumar on June 26, 2023, and he expressed his keenness to assume his responsibilities and made himself available for oath-taking from June 27 to June 29. The LG said that considering June 29 was a public holiday and the Power Minister was not available on June 30, the oath could have been administered on either June 27 or 28, instead of the proposed date of July 3, which Justice Kumar disagreed with.
The LG emphasised that while the Minister of Power is responsible for administering the oath of office and secrecy to the Chairperson and Members of DERC, this responsibility did not grant unlimited discretion to withhold or unduly delay the administration of the oath. Deviating from established governance processes without statutory backing can lead to anarchy and must be avoided at all costs.
Furthermore, the LG warned that disregarding or violating the constitutional scheme by failing to promptly administer the oath of office and secrecy to the Chairperson (designate) of DERC would be a serious matter. The vacant position of the Chairperson of DERC is of significant importance, and since the President of India has already appointed Justice (Retd.) Umesh Kumar, it is imperative to expedite the oath administration process.
Therefore, the LG urges the Chief Minister to ensure that the Minister of Power promptly administers the oath of office and secrecy to Justice (Retd.) Umesh Kumar without any further delay, preferably by June 28, as indicated in his communication dated June 26, 2023. This action will ensure the smooth functioning of the regulatory commission and uphold the principles of constitutional governance.
