Supreme Court Issues Notice On Plea To Fill Vacancies In Electricity Regulatory Commissions In 15 States, J&K
The Supreme Court on Friday (October 9) issued notice on a PIL filed by NGO Energy Watchdog over prolonged vacancies and absence of legally qualified members in State Electricity Regulatory Commissions of 15 States and Jammu and Kashmir.
A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana issued notice.
The plea contends that the prolonged vacancies amount to violation of Article 21 of the Constitution, the Electricity Act, 2003 and the Supreme Court's 2018 judgment in State of Gujarat v. Utility Users' Welfare Association.
“The continuing failure to provide a lawfully constituted Commission strikes at consumers' access to justice under Articles 14 and 21. In the absence of the mandated person of law, consumers cannot obtain lawful adjudication of complaints invoking Section 142 of the Electricity Act against distribution licensees where the statutory conditions for such proceedings are fulfilled. Consumers' access to that remedy cannot be made dependent upon indefinite executive inaction in filling the offices of the very institution entrusted with enforcing the law. In Tamil Nadu, the complete absence of Members disables both adjudicatory and regulatory functioning”, the plea contends.
The petition seeks directions to the concerned State Governments and authorities to ensure that the Commissions are constituted as per Sections 82, 84 and 85 of the Electricity Act and the 2018 judgment. In that case, the Court held that a suitably qualified person of law must be a member of a State Electricity Regulatory Commission and every bench exercising adjudicatory functions must include such a member.
The petition has been filed against West Bengal, Madhya Pradesh, Tamil Nadu, Andhra Pradesh, Odisha, Kerala, Jharkhand, Chhattisgarh, Haryana, Himachal Pradesh, Meghalaya, Sikkim, Manipur, Mizoram and Nagaland, and the Union Territory of Jammu and Kashmir, which is served by the Joint Electricity Regulatory Commission for Jammu and Kashmir and Ladakh.
The petition contends that the vacancies and deficiencies in the composition of these Commissions affect their ability to discharge regulatory and adjudicatory functions and undermine electricity consumers' access to effective legal remedies.
The petitioner has highlighted the situation in Tamil Nadu, where all three offices in the Commission, i.e., Chairperson, Member (Legal) and Member (Technical) are vacant. In Andhra Pradesh, the offices of Chairperson and Member (Technical) are vacant, while the Commission functions with only a Member (Finance), who does not possess a legal background, the plea states.
In West Bengal, the petition claims that only the Chairperson's post has been created and the incumbent does not possess the requisite legal qualifications. It further states that the Commissions in Manipur, Mizoram and Nagaland have only the post of Chairperson, occupied by persons without the requisite legal background, while the posts of Member (Legal) and Member (Technical) have not been created.
The petition also points to vacancies in other States. The Chairperson's post in the Himachal Pradesh Electricity Regulatory Commission has remained vacant since September 2025, while its Member (Legal) post has been vacant since July 1, 2026. The Member (Legal) post in Meghalaya has remained vacant since December 10, 2025, and the Chairperson is allegedly not a person of law. The Member (Technical) post in the Joint Electricity Regulatory Commission for Jammu and Kashmir and Ladakh has remained vacant since July 1, 2024.
In Utility Users' Welfare Association, the Supreme Court held that State Electricity Regulatory Commissions possess the trappings of a court and must have a member with the prescribed legal qualifications. It also held that every bench exercising adjudicatory functions must include such a member.
The petition contends that the continuing failure to comply with this judgment compromises the statutory framework for resolving disputes and protecting electricity consumers. It argues that the absence of a legally qualified member cannot be cured merely because remedy of an appeal against a Commission's decision is available.
Sections 82 of the Electricity Act provides for the constitution of State Electricity Regulatory Commissions, Section 84 prescribes qualifications for their Chairpersons and Members, and Section 85 provides for the selection process and the constitution of the Selection Committee.
The petition highlights that under Section 85, the selection process has to be initiated six months before the superannuation or expiry of a member's tenure, and within one month of a vacancy arising due to death, resignation or removal. The Selection Committee is required to finalise its selection within three months of receiving the reference.
The petitioner had earlier approached the Court over vacancies in the Delhi Electricity Regulatory Commission (DERC).
On May 29, 2026, the Supreme Court directed the Selection Committee to take immediate steps for the appointment of the Chairperson and two Members of DERC and to endeavour to complete the selection process within two months.
After the appointments were made, the Court disposed of the petition granting liberty to the petitioner to institute appropriate proceedings concerning the other States.
Energy Watchdog subsequently filed the present petition seeking directions for lawful constitution of the affected Commissions and filling of existing vacancies in accordance with the statutory framework.
The petitioner has also sought disclosure by the concerned States and Union Territory of the status of vacancies, the constitution of Selection Committees and the progress of appointments.
It has further sought a direction that, pending compliance, no bench exercising adjudicatory functions should hear or decide proceedings unless it includes a member possessing the legal qualifications mandated by the Supreme Court.
Advocate Pranav Sachdeva and Advocate-on-Record Praveen Gaur represented the petitioner.