3 weeks ago
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The Supreme Court connected Monday (May 18, 2026) decided to analyse a plea seeking the constitution of a enactment committee to marque regular appointments of chairperson and members to the Delhi Electricity Regulatory Commission (DERC) expeditiously.
A Bench headed by Chief Justice of India Surya Kant issued announcement to the Delhi authorities and the DERC connected a petition filed by NGO, Energy Watchdog, represented by advocator Pranav Sachdeva, who argued that a dysfunctional DERC would effect successful petitions and applications seeking redress successful energy and energy-related issues pile-up successful the nationalist capital.
The petition said the authorities had not made immoderate determination to adjacent see a judicial subordinate connected the DERC.
“The contiguous creation of DERC is wholly contrary to instrumentality arsenic it consists of lone 2 pro tem members; lacks a chairperson; and lacks a idiosyncratic of instrumentality arsenic a member, contrary to the mandate of the Supreme Court,” the petition said.
Mr. Sachdeva said the pro tem members were operating connected a impermanent mechanics devised by the Supreme Court, requiring the contiguous assignment of regular chairperson and members connected the Commission.
“The presumption quo besides violates the halfway premise of the Electricity Act, which requires the State Electricity Regulatory Commissions to beryllium autonomous and autarkic from governmental interference. Regular, tenured appointments guarantee impartiality and autonomy successful discharge of some the adjudicatory and regulatory functions of DERC,” the petition pointed out.
It said the Supreme Court successful BSES Rajdhani Power Ltd. versus Union of India had noted that the “lack of autonomy were cardinal contributors to wide regulatory nonaccomplishment nether the aegis of DERC”.
The petition said the deficiency of a judicial member/person of instrumentality wholly disables DERC from fulfilling its adjudicatory functions and was destructive of the basal operation principles of separation of powerfulness and adjudicatory independence.
“This violates the consumers’ close nether Article 14 and 21, inasmuch arsenic petitions/applications nether Section 142 of the Electricity Act are nary longer being heard oregon listed,” it noted.
