The Supreme Court has sought a response from the States on a public interest litigation over vacancies in electricity regulatory commissions, in a plea alleging that unfilled posts of chairpersons and members are crippling the bodies.
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New Delhi: The Supreme Court on Friday issued notice on a public interest litigation seeking directions to fill vacancies in electricity regulatory commissions across 15 States and the Union Territory of Jammu and Kashmir [Energy Watchdog v. State of West Bengal and Others].
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard Advocate Pranav Sachdeva for the petitioner, Energy Watchdog, a non-governmental organisation, and issued notice.
The plea
The petition states that many of the commissions are without chairpersons, technical members or legally qualified members. It contends that the vacancies contravene the Electricity Act, 2003, and a 2018 judgment of the Supreme Court on the composition of such commissions.
The petitioner further argues that consumers’ rights under Articles 14 and 21 of the Constitution are affected when the regulators cannot function with their full complement of members. These are the petitioner’s contentions; the States have yet to respond.
The notice
After hearing counsel, the Bench issued notice on the petition, calling for the States’ reply. The next date of hearing was not available at the time of writing.
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Why the order matters
Electricity regulatory commissions fix tariffs and decide disputes between distribution companies and consumers, so their effective functioning bears directly on consumers. The issuance of notice means the Court will now examine the States’ position on the vacancies. The Court has expressed no view on the merits of the petitioner’s allegations.
Case Title: Energy Watchdog v. State of West Bengal and Others
Bench: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana
Date of Order: October 9, 2026
Appearance: Advocate Pranav Sachdeva for the petitioner