Electricity Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2003
Section 76 of Electricity Act: Central Electricity Regulatory Commission
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)There shall be a Commission to be known as the Central Electricity Regulatory Commission to exercise the powers conferred on, and the functions assigned to, it under this Act.
(2)The Central Electricity Regulatory Commission, established under section 3 of the Electricity Regulatory Commissions Act, 1998 (14 of 1998) and functioning as such immediately before the appointed date, shall be the Central Commissionfor the purposes of this Act.
Legal Commentary & Landmark Judgments: Section 76
Section 76 of the Act provides for the constitution of the Central Electricity Regulatory Commission (CERC), establishing India's premier statutory regulatory body for regulating inter-state generation, transmission, and wholesale power tariffs.
Constitution of Independent Central Regulatory Commission: Establishes the CERC as a body corporate with perpetual succession, seal, and authority to hold property and litigate in its own name.
Multi-Disciplinary Composition: Consists of a Chairperson and three other Members, with the Chairperson of the Central Electricity Authority serving as an ex-officio Member.
Total Institutional Autonomy: Guarantees institutional independence from executive ministries to ensure fair, market-driven adjudication of power disputes.
Key Landmark Precedents:
PTC India Ltd. v. CERC (2010) 4 SCC 603: Constitution Bench held that the CERC is an independent expert body possessing both legislative rule-making powers under Section 178 and quasi-judicial adjudicatory powers under Section 79.
Energy Watchdog v. CERC (2017) 14 SCC 80: Supreme Court affirmed the central role of CERC in maintaining inter-state transmission parity and regulating composite generation schemes.
Tata Power Co. Ltd. v. Reliance Energy Ltd. (2009) 16 SCC 659: Affirmed that the CERC exercises plenary regulatory jurisdiction across all aspects of inter-state electricity commerce.
Courtroom Practice & Strategic Litigation Guidance:
In inter-state power purchase disputes involving generating stations supplying electricity to more than one State, file petitions exclusively before the CERC under Section 76/79; State Commissions possess zero jurisdiction over composite generation schemes.
Legal Commentary & Landmark Judgments: Section 76
Section 76 of the Act provides for the constitution of the Central Electricity Regulatory Commission (CERC), establishing India's premier statutory regulatory body for regulating inter-state generation, transmission, and wholesale power tariffs.
In inter-state power purchase disputes involving generating stations supplying electricity to more than one State, file petitions exclusively before the CERC under Section 76/79; State Commissions possess zero jurisdiction over composite generation schemes.