Supreme Court Issues Notice On PIL Seeking Directions To Delhi Govt For Regular Appointments To DERC

The Supreme Court today issued notice on a PIL seeking directions to the Govt of NCT of Delhi to constitute a Selection Committee for making regular appointments to the post of Member in Delhi Electricity Regulatory Commission (DERC).

A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order after hearing Advocate Pranav Sachdeva (for petitioner-Energy Watchdog, an NGO).

Briefly put, the PIL seeks directions to the Government of NCT of Delhi to make regular appointments to DERC in terms of Sections 84 and 85 of the Electricity Act, 2003 as well as the assurance given by it before the Supreme Court in 2025 [Ref: Government of NCT of Delhi v. Union of India, WP(C) 1222/2023], stating, "the process of regular appointments shall be completed expeditiously".

The petitioner further prays that the proposed Selection Committee nominate atleast one person of law as a DERC member and comply with the timelines set out in Section 85 of the Act.

The plea alleges that despite the aforesaid, as well as the 2018 judgment in State of Gujarat v. Utility Users' Welfare Association, the Delhi government has failed to take any steps for making regular appointments to the post of Chairperson/Member in DERC. It is highlighted that in Utility Users' case, the Supreme Court mandated inclusion of a judicial member/person of law as a member of DERC.

In this backdrop, the petitioner urges that the present composition of DERC is contrary to law as, (a) it comprises only 2 pro tem members (b) it lacks a Chairperson and (c) it lacks a person of law as a member. The petition mentions that the pro tem members were proposed as a temporary mechanism during the pendency of another case.

It is also underlined that the issue of appointments to DERC emanates from a bunch of writ petitions filed by the Delhi government over constitutional issues involving the Lieutenant Governor. The pro tem arrangement was made during the pendency of these petitions, but later, they were withdrawn and with the disposal of the writ petitions, the interim arrangement came to an end. At the time, the Delhi government assured that regular appointments would be made expeditiously.

The petitioner alleges that complaints/petitions against DISCOMs under Section 142 of the Electricity Act have not been heard/listed since 15.07.2025. This denial of access to justice and legal recourse is a gross miscarriage of consumers' fundamental rights under Articles 14 and 21, it says.

Case Title: ENERGY WATCHDOG v. GOVERNMENT OF NCT OF DELHI AND ANR., W.P.(C) No. 626/2026