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Section 78: Constitution of Selection Committee to recommend Members

Electricity Act • Official Statutory Text & Practice Guide

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Act 2003
Section 77 All 185 Sections of Electricity Act Section 79

Legal Commentary & Landmark Judgments: Section 78

Section 78 of the Act governs the constitution of the Selection Committee to recommend Members of the Central Commission, establishing an independent committee chaired by a Member of the Planning Commission / NITI Aayog.

  • Independent Multi-Member Selection Panel: Constitutes a high-level selection committee comprising the NITI Aayog Member, Union Power Secretary, Union Law Secretary, and senior power technical experts.
  • Transparent Two-Name Recommendation Mandate: Requires the Selection Committee to recommend a panel of at least two qualified candidates for every vacancy to the Central Government.
  • Mandatory Timelines for Filling Vacancies: Directs that the selection process must be initiated six months prior to the occurrence of a vacancy to prevent administrative paralysis.
Key Landmark Precedents:
  • State of Gujarat v. Utility Users' Welfare Association (2018) 6 SCC 21: Supreme Court affirmed that selection committee procedures must adhere to transparent merit-based standards to preserve regulatory independence.
  • PTC India Ltd. v. CERC (2010) 4 SCC 603: Affirmed that independent selection panels prevent executive favoritism in regulatory appointments.
  • Union of India v. CERC (2010) 4 SCC 603: Affirmed the statutory integrity of the Selection Committee framework.
Courtroom Practice & Strategic Litigation Guidance:

Where appointments to the Central Commission are delayed, public interest litigants can file a writ of mandamus before the High Court or Supreme Court citing Section 78 to compel timely appointment.

Section 77 All 185 Sections of Electricity Act Section 79