Supreme Court To Frame Standard For Conduct Of Public Hearings Before Electricity Regulatory Commissions

The Supreme Court recently indicated that it will examine and declare a standard by which public hearings could be conducted by Electricity Regulatory Commissions across the country.

A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar made the observation in an appeal by the Kerala State Electricity Regulatory Commission against the Kerala High Court's direction to hold hybrid public hearings instead of online hearings alone while revising the Renewable Energy Regulations.

“We will examine and perhaps declare a standard by which the public hearing could be conducted by various Electricity Regulatory Commissions across the country”, the Court stated.

The Court issued notice in the matter and directed that the Forum of Regulators constituted under Section 166(2) of the Electricity Act, 2003 be impleaded as a party and appointed Advocate Anand Ganesan to assist as Amicus Curiae.

While the Supreme Court did not stay the impugned judgment of the Kerala High Court, it clarified that the High Court's directions would remain confined to the facts of the present case.

On July 28, the Kerala High Court had directed the State Electricity Regulatory Commission to hold hybrid public hearings at Kozhikode, Palakkad, Ernakulam, and Thiruvananthapuram.

The High Court had issued the order in a public interest litigation filed by the Domestic On-Grid Solar Power Prosumers Forum Kerala, which sought restoration of physical participation in hearings concerning revision of Renewable Energy Regulations.

The petitioner had objected to the Commission's decision to do away with physical hearings altogether. The Commission had submitted that it faced law and order issues when hearings were held in physical mode earlier.

Taking note of this, the High Court had observed that the Commission could request the State Police Chief and City Police Commissioner to deploy enough police personnel to assist in maintaining order during such hearings. It directed that, upon such request, the police authorities must provide the necessary assistance.

Case no. – Petition for Special Leave to Appeal (C) No. 26862/2025

Case Title – Kerala State Electricity Regulatory Commission v. Domestic On Grid Solar Power Prosumers Forum Kerala & Ors.