Supreme Court notice to Delhi Government on lack of regular appointments to DERC

The Supreme Court on Monday (May 18, 2026) decided to examine a plea seeking the constitution of a selection committee to make 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 notice to the Delhi government and the DERC on a petition filed by NGO, Energy Watchdog, represented by advocate Pranav Sachdeva, who argued that a dysfunctional DERC would result in petitions and applications seeking redress in electricity and energy-related issues pile-up in the national capital.

The petition said the government had not made any move to even include a judicial member on the DERC.

“The present composition of DERC is wholly contrary to law as it consists of only two pro tem members; lacks a chairperson; and lacks a person of law as a member, contrary to the mandate of the Supreme Court,” the petition said.

Mr. Sachdeva said the pro tem members were operating on a temporary mechanism devised by the Supreme Court, requiring the immediate appointment of regular chairperson and members on the Commission.

“The status quo also violates the core premise of the Electricity Act, which requires the State Electricity Regulatory Commissions to be autonomous and independent from governmental interference. Regular, tenured appointments ensure impartiality and autonomy in discharge of both the adjudicatory and regulatory functions of DERC,” the petition pointed out.

It said the Supreme Court in BSES Rajdhani Power Ltd. versus Union of India had noted that the “lack of autonomy were key contributors to widespread regulatory failure under the aegis of DERC”.

The petition said the lack of a judicial member/person of law completely disables DERC from fulfilling its adjudicatory functions and was destructive of the basic structure principles of separation of power and adjudicatory independence.

“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,” it noted.