Notices Issued to 15 States and 2 UTs Over Empty Posts and Lack of Legal Experts
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Taking serious judicial note of widespread administrative paralysis in the nation's energy regulation sector, the Supreme Court has issued notices to 15 states and two Union Territories over long-pending vacancies of chairpersons, technical members, and mandatory legal experts in State Electricity Regulatory Commissions (SERCs). A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana stepped in while hearing a Public Interest Litigation (PIL) brought forward by power sector advocacy non-profit Energy Watchdog, demanding strict compliance with statutory frameworks governing electricity adjudication.
Non-Compliance with Electricity Act, 2003 and Landmark 2018 Ruling
The PIL highlights systematic administrative non-adherence to national power laws and existing apex court mandates:
Enforcing the Statutory Framework: The petition urged immediate judicial intervention to reconstitute SERCs in strict compliance with the Electricity Act, 2003 and the binding principles laid down in the Supreme Court’s landmark April 2018 judgment.
Mandatory Legal Members Missing: Under the 2018 precedent, every regulatory electricity commission must feature a formally qualified legal expert to ensure sound quasi-judicial determination; however, the plea pointed out that multiple regional jurisdictions—including West Bengal, Tamil Nadu, Andhra Pradesh, Kerala, Himachal Pradesh, Meghalaya, Manipur, Mizoram, and Nagaland—have failed to appoint qualified judicial personnel.
Questioning Administrative Authority: The petition specifically flagged that the chairman heading the regulatory panel in West Bengal reportedly functions without the required statutory legal credentials mandated by law.
Alarming Vacancies Paralyze Regional Power Regulators
The submission revealed critical institutional vacancies severely stalling tariff determinations and consumer grievance settlements:
Complete Paralysis in Tamil Nadu: In Tamil Nadu, all three designated statutory posts of the commission remain entirely vacant, leaving the state regulator non-functional.
Leadership Void in Andhra Pradesh: In Andhra Pradesh, crucial decision-making remains halted as both the Chairperson and Technical Member offices remain unoccupied.
Extensive Jurisdiction Under Notice: The apex court has sought comprehensive status reports from 15 states: West Bengal, Madhya Pradesh, Tamil Nadu, Andhra Pradesh, Odisha, Kerala, Jharkhand, Chhattisgarh, Haryana, Himachal Pradesh, Meghalaya, Manipur, Nagaland, Mizoram, and Sikkim, alongside the Union Territories of Jammu & Kashmir and Ladakh.
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