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Why the Supreme Court Has Given a Two-Month Deadline for DERC Appointments

The Supreme Court has directed the selection committee to complete the appointment of the DERC Chairperson and two Members within two months, aiming to restore the full functioning of Delhi's electricity regulator.
BCI Chairman Manan Kumar Mishra
Indian Masterminds Stories

New Delhi: The DERC Chairperson appointment process has received a major push after the Supreme Court directed the newly formed selection committee to complete the appointment of the Chairperson and two Members of the Delhi Electricity Regulatory Commission (DERC) within two months. 

The order aims to restore the functioning of the power regulator, which has been facing serious vacancies for nearly a year.

SC Directives on DERC Chairperson Members Appointment

A Supreme Court bench comprising Surya Kant, Joymalya Bagchi and Vipul M. Pancholi directed the selection committee to:

  • Complete the selection process within two months.
  • Ensure appointments of the DERC Chairperson and two Members.
  • Submit a compliance report after the process is completed.

Read also: CBSE’s New 3-Language Policy Challenged in Supreme Court — What Students Must Know

The Court noted that the committee has now been constituted and should immediately start the appointment process.

Why Is DERC Chairperson Members Appointment Important?

The Delhi Electricity Regulatory Commission has been functioning without a regular Chairperson and judicial member for several months.

According to submissions before the Court:

  • DERC has been without a Chairperson for nearly one year.
  • Several consumer complaints and adjudicatory matters have remained pending.
  • The commission currently has only pro-tem technical members.
  • Important regulatory and dispute-resolution functions have been affected.

What Is DERC?

The Delhi Electricity Regulatory Commission is the statutory regulator for Delhi’s electricity sector under the Electricity Act, 2003.

Its responsibilities include:

  • Fixing electricity tariffs.
  • Issuing licenses to power distribution companies.
  • Monitoring service quality.
  • Resolving disputes between consumers and electricity providers.
  • Protecting consumer interests in the power sector.

Background of the Case

The matter reached the Supreme Court through a Public Interest Litigation filed by the NGO Energy Watchdog.

The NGO argued that:

  • The Delhi Government had earlier assured the Court that appointments would be completed quickly.
  • Vacancies continued despite those assurances.
  • The absence of a judicial member affected the commission’s ability to hear cases and consumer complaints.
  • The situation was contrary to the provisions of the Electricity Act, 2003.

Earlier this week, the Supreme Court had expressed concern over delays in forming the selection committee and sought a timeline from the Delhi Government.

Read also: Right to Trauma Care: This Supreme Court Verdict Could Change Emergency Healthcare in India Forever


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