Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 109 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
The Central Government may, by notification, establish an Appellate Tribunal for Electricity to hear appeals against the orders of the adjudicating officer or the Appropriate Commission under this Act.
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.
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.
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.