Supreme Court Seeks States’ Replies to PIL Over Vacancies in Electricity Regulatory Commissions
The Supreme Court of India on October 9, 2026, issued notices to 15 states and the Union Territories of Jammu and Kashmir and Ladakh, seeking their responses to a Public Interest Litigation (PIL) alleging prolonged vacancies and deficiencies in the composition of State Electricity Regulatory Commissions. The petition seeks directions to ensure that these regulatory bodies function in accordance with the Electricity Act, 2003, and the Supreme Court’s earlier judgments.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana agreed to examine the petition filed by the non-governmental organisation Energy Watchdog. The organisation has alleged that several state electricity commissions are operating without chairpersons, technical members or legally qualified members, raising concerns about their ability to discharge their statutory responsibilities.
The petition names West Bengal, Madhya Pradesh, Tamil Nadu, Andhra Pradesh, Odisha, Kerala, Jharkhand, Chhattisgarh, Haryana, Himachal Pradesh, Meghalaya, Manipur, Nagaland, Mizoram and Sikkim, along with Jammu and Kashmir and Ladakh. It asks the authorities to disclose the steps taken to fill vacancies and ensure that the commissions comply with the applicable legal requirements.
According to the plea, Tamil Nadu’s electricity regulatory commission has been facing vacancies in all three key positions, including chairperson, legal member and technical member, since June 2026. In Andhra Pradesh, the petition alleges that the commission has been functioning with only a finance member, while the posts of chairperson and technical member remain vacant.
The petitioner has also raised concerns about West Bengal, Manipur, Mizoram and Nagaland, alleging that the commissions lack the required legal and technical representation. Similar issues have been highlighted in Kerala, Himachal Pradesh and Meghalaya, where vacancies and the absence of legally qualified members have allegedly weakened the commissions’ ability to carry out their adjudicatory functions.
Energy Watchdog has relied on the Supreme Court’s April 2018 judgment in State of Gujarat v. Utility Users’ Welfare Association. In that ruling, the court emphasised the requirement for an appropriately qualified legal member in state electricity regulatory commissions and the importance of legal expertise when these bodies exercise adjudicatory powers.
The organisation contends that prolonged vacancies and the absence of qualified legal members undermine electricity consumers’ access to effective remedies against distribution companies. It has argued that the situation raises concerns under Articles 14 and 21 of the Constitution, which protect equality before the law and the right to life and personal liberty, respectively.
The petition also refers to timelines prescribed under the Electricity Act for initiating appointments and completing the selection process. It argues that authorities must take timely action to prevent vacancies from continuing indefinitely and to ensure that regulatory commissions remain properly constituted.
Electricity regulatory commissions play a significant role in the power sector. Their responsibilities include determining electricity tariffs, regulating distribution companies and adjudicating disputes arising under the electricity law. When these bodies lack the required members, consumers may face delays or difficulties in obtaining decisions on complaints and other regulatory matters.
By issuing notices, the Supreme Court has sought responses from the concerned states and Union Territories before examining the allegations further. The order does not establish that the states have violated the law; the claims made in the petition remain subject to judicial consideration and the responses of the authorities.
The proceedings could have wider implications for electricity regulation and consumer protection across the country. The case places the spotlight on the need for timely appointments, legally compliant regulatory structures and effective dispute-resolution mechanisms in the electricity sector.
