Complete Selection Of DERC Chairperson And Members Within Two Months: Supreme Court Directs Selection Committee

A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi ordered -

"The Selection Committee to take immediate necessary steps for the selection of chairperson and two members and make an endeavour to complete the selection process within a period of 2 months. Post this matter immediately after 2 months. A compliance report to be filed"

The Court passed this direction in a plea filed by NGO Energy Watchdog seeking regular appointments to DERC and constitution of a Selection Committee under the Electricity Act, 2003.

Earlier this week, the Court questioned the Delhi Government over delay in constitution of a Selection Committee for appointments to DERC, observing that the process appeared to be going “nowhere” despite the Commission remaining without a Chairperson for nearly a year.

Background

On May 18, the Supreme Court issued notice on the plea. The petition contends that despite assurances given before the Supreme Court in earlier litigation and despite the Court's 2018 judgment in State of Gujarat v. Utility Users' Welfare Association requiring inclusion of a judicial member or person of law in State Electricity Regulatory Commissions, no regular appointments have been made to the posts of Chairperson or Member in DERC.

According to the petition, DERC presently consists only of two pro tem members, has no Chairperson and does not include a judicial member. It further alleges that complaints and petitions against power distribution companies under Section 142 of the Electricity Act have not been heard or listed since July 15, 2025, resulting in denial of effective remedies to electricity consumers.

Case no. – W.P.(C) No. 626/2026

Case Title – Energy Watchdog v. Government of NCT of Delhi and Anr.