SC seeks Delhi govt response on plea to make regular appointments in DERC

The Supreme Court on Monday sought a response from the Delhi government on a plea seeking a direction to make regular appointments of the chairperson and members of the Delhi Electricity Regulatory Commission (DERC).

While agreeing to hear the plea, a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the counsel for the Delhi government may be ready with instructions on the issue on the next date of hearing.

The bench was hearing a plea filed by NGO Energy Watchdog, which referred to an August last year order of the apex court. In that order, the top court, while dealing with a separate petition, had recorded that the counsel appearing for the Delhi government assured that the process of regular appointments in the DERC would be completed expeditiously.

Advocate Pranav Sachdeva appeared for the petitioner NGO in the apex court, which posted the matter for hearing next week.

The plea said despite the assurance given before the apex court, the explicit statutory provisions of the Electricity Act, 2003 and an April 2018 verdict mandating the inclusion of a judicial member/person of law as a member of the commission, the Delhi government failed to take any steps to make regular appointments in the DERC.

It claimed the present composition of the DERC was wholly contrary to the law as it consisted of only two pro tem members, and lacked a chairperson as well as a person of law as a member.

“Since the pro tem members are operating solely pursuant to a temporary mechanism devised by this court in the interest of justice… the petitioner is constrained to approach this court to seek vacation of their appointments and to seek directions for the regular appointment process to be undertaken in accordance with law,” the plea said.

It said the lack of a judicial member/person of law completely disabled the DERC from fulfilling its adjudicatory functions.

“This violates the consumers’ right under Article 14 and 21, inasmuch as petitions/applications under Section 142 of the Electricity Act are no longer being heard or listed as per administrative notice/noting on the cause list dated July 15, 2025 of DERC’s website… which came to be issued after the chairperson Justice (retd) Umesh Kumar superannuated in July 2025,” the plea said.

It claimed that the status quo also violated the core premise of the Electricity Act, which requires the State Electricity Regulatory Commissions to be autonomous and independent from governmental interference.

The plea said regular, tenured appointments ensure impartiality and autonomy in discharge of both the adjudicatory and regulatory functions of the DERC.

“Furthermore, aside from the pro tem members regime prevailing being contrary to the Electricity Act, such mechanism is also constitutionally impermissible for being destructive of the basic structure principles of separation of power and adjudicatory independence,” it said.

The plea said the continuing failure of the Delhi government to appoint a judicial member/person of law as a member of the DERC resulted in a situation wherein complaints or petitions under Section 142 of the Electricity Act were not being listed and heard, thereby violating consumers’ fundamental rights to access judicial redress for complaints against DISCOMs (distribution companies).

It sought a direction to the Delhi government to file an affidavit explaining the steps, if any, undertaken by it to comply with its assurance given to the top court in August last year to make regular appointments expeditiously.

The plea also sought a direction to the Delhi government to forthwith constitute a selection committee to make regular appointment of members of the DERC.