The Supreme Court on Friday issued notice on a public interest litigation alleging prolonged vacancies and the absence of legally qualified members in the State Electricity Regulatory Commissions (SERCs) of 15 states and the Union Territories of Jammu and Kashmir and Ladakh. A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana sought responses from the concerned governments on the plea filed by the NGO Energy Watchdog.

The petition contends that the continued failure to constitute these commissions in accordance with the Electricity Act, 2003, and a 2018 Supreme Court ruling, violates consumers' fundamental rights under Articles 14 and 21 of the Constitution. The 2018 judgment in State of Gujarat v. Utility Users' Welfare Association held that SERCs possess the "trappings of a court" and must include a suitably qualified person of law as a member, with every bench exercising adjudicatory functions requiring such a member.

Vacancies Across States

The plea highlights severe deficiencies in several states. In Tamil Nadu, all three offices — Chairperson, Member (Legal), and Member (Technical) — are vacant, rendering the commission non-functional. Andhra Pradesh's commission operates with only a Member (Finance), who lacks a legal background, while the Chairperson and Member (Technical) posts remain empty. West Bengal has created only the Chairperson's post, and the incumbent does not hold the requisite legal qualifications. Similarly, the commissions in Manipur, Mizoram, and Nagaland have only a Chairperson without legal expertise, and the posts of Member (Legal) and Member (Technical) have not been created at all.

Other states facing vacancies include Himachal Pradesh, where the Chairperson's post has been vacant since September 2025 and the Member (Legal) post since July 2026. Meghalaya's Member (Legal) position has been empty since December 2025, and the Chairperson is reportedly not a person of law. The Joint Electricity Regulatory Commission for Jammu and Kashmir and Ladakh has been without a Member (Technical) since July 2024.

The petition argues that these vacancies and composition deficiencies directly undermine the statutory framework for resolving disputes and protecting electricity consumers. Without a legally qualified member, consumers cannot obtain lawful adjudication of complaints under Section 142 of the Electricity Act against distribution licensees. The plea states: "Consumers' access to that remedy cannot be made dependent upon indefinite executive inaction in filling the offices of the very institution entrusted with enforcing the law."

Constitutional Concerns and Statutory Framework

The Electricity Act, 2003, through Sections 82, 84, and 85, mandates the constitution of SERCs with a Chairperson and members possessing specified qualifications. Section 85 requires the selection process to begin six months before a member's tenure expires or within one month of a vacancy arising, with the Selection Committee finalising its choice within three months. The petition alleges that multiple states have failed to comply with these timelines, leading to prolonged vacancies.

The 2018 Supreme Court judgment is central to the plea. The Court then held that SERCs exercise quasi-judicial functions and must include a member with legal qualifications to ensure proper adjudication. The petition argues that the continuing absence of such members cannot be cured merely because an appeal lies against the commission's decisions. It contends that the failure strikes at the heart of access to justice.

Energy Watchdog had earlier approached the Court over vacancies in the Delhi Electricity Regulatory Commission (DERC). On May 29, 2026, the Supreme Court directed the Selection Committee to complete appointments within two months. After those appointments were made, the Court disposed of that petition, granting liberty to file fresh proceedings concerning other states. The current PIL follows that liberty.

What Happens Next

The Supreme Court's notice now requires the governments of West Bengal, Madhya Pradesh, Tamil Nadu, Andhra Pradesh, Odisha, Kerala, Jharkhand, Chhattisgarh, Haryana, Himachal Pradesh, Meghalaya, Sikkim, Manipur, Mizoram, and Nagaland, as well as the Union Territories of Jammu and Kashmir and Ladakh, to file replies disclosing the steps taken to ensure their SERCs are lawfully constituted. The petition also seeks a direction that, pending compliance, no bench exercising adjudicatory functions should hear or decide proceedings unless it includes a member with the mandated legal qualifications.

The matter is expected to be heard next after the states file their responses. The outcome will have significant implications for electricity consumers across the affected regions, who currently lack access to properly constituted regulatory bodies for dispute resolution and tariff setting.