Home  /  Electricity Act  /  Section 113

Section 113: Qualifications for appointment of Chairperson and Member of Appellate Tribunal

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 112 All 185 Sections of Electricity Act Section 114

Legal Commentary & Landmark Judgments: Section 113

Section 113 of the Act prescribes the qualifications for appointment of the Chairperson and Members of the Appellate Tribunal, requiring the Chairperson to be or have been a Judge of the Supreme Court or Chief Justice of a High Court.

  • Elite Judicial Leadership Qualifications: Mandates that the Chairperson of APTEL must be or have been a Judge of the Supreme Court or the Chief Justice of a High Court, ensuring highest judicial stature.
  • Judicial Member Standards: Requires Judicial Members to be or have been Judges of a High Court, guaranteeing rigorous judicial experience.
  • Technical Member Engineering Benchmarks: Requires Technical Members to have held the post of Secretary or equivalent with extensive experience in the power or petroleum industry.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court highlighted that high judicial qualification thresholds under Section 113 ensure APTEL functions with the full independence and stature of a constitutional court.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that the judicial qualifications of APTEL's presiding officers guarantee adherence to fair trial norms.
  • Union of India v. R. Gandhi (2010) 11 SCC 1: Constitution Bench affirmed that statutory appellate tribunals exercising High Court powers must be headed by senior judicial figures.
Courtroom Practice & Strategic Litigation Guidance:

The high judicial status of APTEL's Chairperson ensures that orders passed by the Tribunal carry significant authority; compliance defaults by state commissions or utilities should be brought immediately via execution or contempt proceedings before the Chairperson's bench.

Section 112 All 185 Sections of Electricity Act Section 114