Section 114: Term of office

Electricity Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003

Legal Commentary & Landmark Judgments: Section 114

Section 114 of the Act defines the term of office of the Chairperson and Members of the Appellate Tribunal, prescribing a fixed term of three years with eligibility for reappointment for a second term, subject to maximum age limits.

  • Three-Year Statutory Tenure: Provides that the Chairperson and Members shall hold office for a term of three years from the date of assumption of office.
  • Statutory Age Limits: Caps the maximum age at seventy years for the Chairperson and sixty-five years for other Members, ensuring physical and mental fitness.
  • Reappointment Eligibility Framework: Permits reappointment for a second term of three years, subject to the statutory age ceiling.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court affirmed that statutory tenure limits balance institutional stability with continuous judicial renewal.
  • Union of India v. R. Gandhi (2010) 11 SCC 1: Constitution Bench affirmed that security of tenure in specialized tribunals is vital to insulate judges from executive influence.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed the constitutional stability of APTEL's administrative tenure.
Courtroom Practice & Strategic Litigation Guidance:

Track appointment tenure dates of presiding APTEL members during prolonged final hearings; if a member's tenure expires prior to judgment delivery, apply for expeditious de-novo hearing or immediate pronouncement before the demitting date.