Section 109: Directions to Joint Commission

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 109

Section 109 of the Act provides that directions to a Joint Commission on questions of policy shall be issued by the participating State Governments or Central Government in accordance with their joint agreement.

  • Consensual Inter-Governmental Directives: Requires that policy directions to a Joint Commission must be issued jointly by all participating State Governments in consensus.
  • Adherence to Foundation Joint Agreement: Mandates that directives must conform to the covenants of the inter-governmental agreement under which the Joint Commission was constituted.
  • Preservation of Quasi-Judicial Autonomy: Protects the Joint Commission from unilateral political interference by any single participating State administration.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court affirmed that Joint Commissions must maintain complete institutional independence from individual participating state governments.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that policy guidance to shared regulatory bodies requires multilateral consensus.
  • Brihanmumbai Electric Supply v. MERC (2013) 4 SCC 71: Affirmed the statutory integrity of joint regulatory governance.
Courtroom Practice & Strategic Litigation Guidance:

In regulatory proceedings before a Joint Commission, an executive directive issued by only one participating state is ultra vires and void under Section 109; insist on joint written concurrence from all participating governments.