Overview
The Supreme Court has issued a notice in a PIL filed by the NGO Energy Watchdog. The petition seeks directions to the Government of NCT of Delhi to constitute a Selection Committee for regularising appointments to the Delhi Electricity Regulatory Commission (DERC).
Key Developments
- The bench comprising CJI Surya Kant and Justice Joymalya Bagchi passed the order after hearing counsel Pranav Sachdeva.
- The petition invokes Sections 84 and 85 of the Electricity Act, 2003 and the assurance given by the Delhi government in 2025 to complete regular appointments "expeditiously".
- The petitioner urges that at least one member of the commission be a person of law, as mandated by the Supreme Court in the 2018 State of Gujarat v. Utility Users' Welfare Association judgment.
- Current composition of DERC is limited to two pro‑tem members, with no Chairperson and no judicial member, contravening the statutory requirements.
- Complaints against DISCOMs under Section 142 of the Electricity Act have not been listed since 15 July 2025, violating consumer rights under Article 14 and Article 21.
Important Facts
- Case title: ENERGY WATCHDOG v. GOVERNMENT OF NCT OF DELHI AND ANR., W.P.(C) No. 626/2026.
- The pro‑tem arrangement was initially a stop‑gap during pending writ petitions concerning the Lieutenant Governor’s powers.
- With the disposal of those writ petitions, the interim mechanism should have been replaced by regular appointments, which the Delhi government has yet to effect.
- The Supreme Court’s earlier directive in the Gujarat case specifically required a judicial member in electricity regulatory bodies.
Exam Relevance
Understanding the constitutional and statutory framework of electricity regulation is essential for GS 2 (Polity) and GS 3 (Economy). The case illustrates:
- How the Supreme Court can enforce compliance with statutory provisions and protect consumer rights.
- The role of PIL as a tool for civil society to demand accountability from governments.
- The importance of the Electricity Act in ensuring transparent governance of essential services.
- Implications of Articles 14 and 21 for access to justice and the right to a healthy environment, linking constitutional law with public policy.
Way Forward
To align DERC with the law, the Delhi government should:
- Form a Selection Committee immediately and invite applications for Chairperson, members and a judicial member.
- Adhere to the timelines prescribed in Sections 84‑85 of the Electricity Act.
- Resume hearing of consumer complaints against DISCOMs to safeguard the rights guaranteed under Articles 14 and 21.
- Ensure future appointments are transparent, merit‑based, and include a legal expert, thereby strengthening regulatory oversight and consumer protection.
Timely compliance will not only resolve the present legal impasse but also set a precedent for the governance of other sectoral regulators across India.