The Supreme Court of India, led by Chief Justice Surya Kant and Justice Joymalya Bagchi, has issued a formal notice to the Delhi Government regarding the persistent lack of regular appointments within the Delhi Electricity Regulatory Commission (DERC). The bench is currently examining a public interest litigation filed by the NGO Energy Watchdog, which argues that the current governance of the commission is legally unstable and constitutionally flawed.
The DERC is presently operating without a Chairperson and relies entirely on two pro-tem (temporary) members.
The petition contends that the absence of a judicial member or a person with legal expertise renders the body incapable of performing its core adjudicatory duties, such as tariff setting and penalty imposition.
The court has mandated that the government provide a response, with a follow-up hearing scheduled for next week.
The Core Conflict
The legal challenge centers on the principle of institutional autonomy. The petitioner asserts that the reliance on temporary appointees violates the Electricity Act and undermines the separation of powers. By failing to install permanent, tenured members, the government is accused of bypassing statutory requirements meant to insulate regulatory decisions from executive interference.
| Issue | Legal Standing |
|---|---|
| Leadership | Currently headless; no Chairperson appointed. |
| Composition | Lacks a mandatory judicial expert as per Utility Users' Welfare Association precedents. |
| Governance | Pro-tem mechanism criticized as destructive to adjudicatory independence. |
Background and Precedent
This situation is not isolated. Tensions between the Delhi Government and the Lieutenant Governor (LG) have frequently paralyzed administrative appointments. In August 2025, the government sought to withdraw a similar petition after providing assurances to the apex court that regular appointments would be expedited—a promise the current petition suggests remains unfulfilled.
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Historical attempts to appoint judicial heads, such as the nomination of Justice Rajeev Kumar Shrivastava, have previously stalled amid disputes over the required consultation processes between the state and the Delhi High Court or the LG. Without a formal, permanent structure, the DERC faces a legitimacy crisis, leaving consumer interests and regulatory oversight in a state of suspended animation.
The petitioner is demanding the immediate constitution of a Selection Committee to fill these vacancies.
The court's notice forces the Delhi Government to move beyond internal procedural deadlock and address the systemic failure to staff the commission.
