Supreme Court Mandates DERC Appointments by Selection Committee Within Two Months

thelawmonitor
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Supreme Court Mandates DERC Appointments by Selection Committee Within Two Months

The Supreme Court of India has issued a directive to a newly established selection committee to swiftly recommend candidates for the vacant positions within the Delhi Electricity Regulatory Commission (DERC). This mandate was part of the proceedings in the case Energy Watchdog v. Government of NCT of Delhi and Anr.

A Bench comprised of Chief Justice Surya Kant, and Justices Joymalya Bagchi and Vipul Pancholi, instructed the committee to expedite the identification and appointment process for the position of DERC’s chairperson and its members. The Court specified a deadline, emphasizing that the task should be completed within two months.

The directive stems from a public interest litigation (PIL) filed by the NGO, Energy Watchdog. The PIL sought regular appointments to the DERC and called for the constitution of a selection committee as specified under Section 85 of the Electricity Act, 2003. The petition highlighted that the DERC was operating with only two temporary technical members, significantly hindering its adjudicatory functions. The Court was informed that consumer complaints had not been addressed or listed since July 15, 2025.

On May 25, the Supreme Court criticized the State Government for its delay in forming the selection committee, noting that the DERC has been without a chairperson for almost a year. The Bench remarked that the process had stagnated.

The counsel for the Delhi Government updated the Court, stating that a proposal to form the selection committee was made on May 4, 2026. The State Government had requested additional time, assuring the Court that the appointment process would be concluded within three months following the establishment of the committee.

Consequently, the Court granted the State a two-day window to return with a definitive timeline for when the selection committee would be operational, enabling the Court to impose a strict, time-bound schedule for completing the appointment process.

With the selection panel now formalized, the Court has directed it to act promptly and fulfill the task of filling DERC vacancies within the stipulated two-month period.

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