The Supreme Court on Friday directed appointment of chairperson and two members of the Delhi Electricity Regulatory Commission (DERC) to be completed within two months after the Delhi government informed the court that a selection committee for this purpose has been constituted on Wednesday.
A bench headed by Chief Justice of India (CJI) Surya Kant said, “The selection committee is directed to take immediate necessary steps for selection of chairperson and two members of DERC and complete the selection process within two months.”
The order was passed on a petition filed by NGO Energy Watchdog, which stated that keeping the post of chairperson vacant is a violation of law and deprives consumers of their constitutional rights.
The plea also said the Commission has not heard any matter since July 2025 when justice (retd) Umesh Kumar superannuated as chairperson.
On Friday, the Delhi government informed the court that pursuant to the court order issuing notice on the petition on May 18, a selection committee under former Delhi high court judge, justice (retd) SL Bhayana, has been constituted. The two other members of this committee are Delhi chief secretary and chairperson, Central Electricity Authority.
Advocate Pranav Sachdeva appearing for the petitioner pointed out that the notification does not prescribe any time limit for carrying out appointments. The bench, also comprising justices Joymalya Bagchi and Vipul M Pancholi, said, “We will take up the matter after two months. By the next date, the Delhi government shall file a compliance affidavit.’
The petition stated that the present arrangement of appointing pro tem members is continuing as per the plan worked out by the Supreme Court in a 2023 petition filed by the then Aam Aadmi Party (AAP) government in Delhi. The AAP had later entered into a conflict with the Centre over the lieutenant governor’s attempts to stall appointments recommended by the Delhi government.
In August 2025, the top court permitted the withdrawal of the petitions by the Delhi government on a solemn assurance that regular appointments will be made. However, till date no regular appointments were made, the petition stated.
The plea referred to a 2018 judgment of the Supreme Court mandating presence of a judicial member or a person having knowledge of law to be part of such commissions that decide petitions or applications relating to tariff fixation, and imposition of penalties for violating the law, among other functions.
“The status quo warrants the interference of this court since the lack of a judicial member/person of law completely disables DERC from fulfilling its adjudicatory functions. This violates the consumers’ right under Articles 14 and 21, as the petitions/applications under Section 142 of the Electricity Act (for imposing penalties) are no longer being heard or listed as per administrative notice of July 15, 2025 on DERC’s website,” the petition read.
Further, appointing pro tem members is contrary to the Electricity Act, the petitioner argued, pointing out that such a mechanism is constitutionally impermissible for being destructive of the basic structure principles of separation of power and adjudicatory independence.
