SC Seeks Replies from 15 States, 2 UTs Over Power Regulator Vacancies

The Supreme Court has sought responses from 15 states and two Union Territories over alleged prolonged vacancies in State Electricity Regulatory Commissions (SERCs), raising concerns about statutory compliance, consumer protection, access to justice and the effective governance of India’s power sector. A public interest litigation (PIL) filed by NGO Energy Watchdog alleges that several commissions are functioning without chairpersons, technical members or legally qualified members, potentially affecting their ability to discharge statutory responsibilities under the Electricity Act, 2003.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices on October 9 to the concerned states and the Union Territories of Jammu and Kashmir and Ladakh. Filed through advocate Pranav Sachdeva, the petition seeks compliance with the Electricity Act and the Supreme Court’s April 2018 judgment on regulatory commissions’ composition.

The petition names West Bengal, Madhya Pradesh, Tamil Nadu, Andhra Pradesh, Odisha, Kerala, Jharkhand, Chhattisgarh, Haryana, Himachal Pradesh, Meghalaya, Manipur, Nagaland, Mizoram and Sikkim. It alleges that all three principal positions in Tamil Nadu are vacant, while Andhra Pradesh lacks a chairperson and technical member and functions with a sole finance member. In West Bengal, it claims only the chairperson’s position has been created and the incumbent lacks the required legal background. Several other commissions allegedly lack legally qualified members.

The plea invokes the 2018 Supreme Court judgment in State of Gujarat v. Utility Users’ Welfare Association, which requires a suitably qualified legal member to participate in adjudicatory functions. It also cites Sections 82, 84, 85 and 86 of the Electricity Act, covering commission constitution, qualifications, selection and functions. Section 85 provides appointment timelines, including initiating selection six months before a member’s scheduled tenure ends and, in specified unexpected vacancies, within one month.

The petition argues that vacancies undermine consumers’ rights under Articles 14 and 21 of the Constitution. Regulatory commissions oversee electricity tariffs, power procurement, licensing, renewable energy promotion and certain disputes, making their functioning important for consumers, distribution companies and investors.

The case follows earlier Supreme Court intervention in the Delhi Electricity Regulatory Commission appointments in May 2026, after which the relevant petition was disposed of following appointments.

Prolonged vacancies could complicate hearings, delay regulatory decisions and weaken institutional capacity amid renewable energy integration and distribution-sector financial challenges. However, the actual impact requires commission-wise evidence. The Supreme Court has sought responses; the allegations remain to be examined.