Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 112 of Electricity Act: Electricity Supply & Regulatory Procedure
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)The Appellate Tribunalshall consist of a Chairperson and such number of other Members, not exceeding three, as the Central Government may deem fit, to be appointed by that Government.
(2)The jurisdiction of the Appellate Tribunal may be exercised by Benches thereof.
Section 112 of the Act defines the composition of the Appellate Tribunal for Electricity, specifying that it shall consist of a Chairperson and such number of other Members as the Central Government may determine.
Bicameral Judicial & Technical Composition: Establishes a bench structure comprising both Judicial Members and Technical Members (specializing in electricity or petroleum/natural gas).
Specialized Adjudicatory Balance: Guarantees that every judicial bench pairs legal acumen with deep technical knowledge of power systems engineering and utility economics.
Flexible Bench Structure Across Benches: Authorizes the Central Government to expand benches and designate circuit sittings to handle growing appellate caseloads.
Key Landmark Precedents:
State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court affirmed that the dual judicial-technical composition of APTEL ensures rigorous, balanced adjudication of complex energy disputes.
PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that APTEL's institutional composition is well-suited for evaluating multi-million dollar utility contracts.
Energy Watchdog v. CERC (2017) 14 SCC 80: Supreme Court emphasized the high judicial standing of the Appellate Tribunal.
Courtroom Practice & Strategic Litigation Guidance:
In appellate oral arguments before APTEL, structure submissions to address both legal statutory construction (for the Judicial Member) and grid engineering/financial impacts (for the Technical Member) to build persuasive consensus.
Legal Commentary & Landmark Judgments: Section 112
Section 112 of the Act defines the composition of the Appellate Tribunal for Electricity, specifying that it shall consist of a Chairperson and such number of other Members as the Central Government may determine.
In appellate oral arguments before APTEL, structure submissions to address both legal statutory construction (for the Judicial Member) and grid engineering/financial impacts (for the Technical Member) to build persuasive consensus.