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Supreme Court of India· 03 September 2026

Does the Electricity Act, 2003 leave any regulatory residue outside the Central and State Regulatory Commissions once electricity has been unbundled?

M/S. AMALGAM STEELS AND POWER LTD v. ENERGY WATCHDOG AND ORS
2026 INSC 954
Coram: Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe
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Answer

No. The Electricity Act, 2003 is an exhaustive code for all matters concerning electricity, and after the unbundling of electricity and the constitution of the Central and State Regulatory Commissions, there is no unallocated regulatory residue left outside the regulatory bodies.

Headnote

Electricity Act, 2003 — s.79 — s.86 — s.94 — Article 136 of the Constitution of India — Exhaustive regulatory regime — Interference with interim order — Electricity Act, 2003 — ss.79, 86 — Exhaustive regulatory code, no unallocated residue — Held: The Electricity Act, 2003 is an exhaustive code for all matters concerning electricity. After the unbundling of electricity and the constitution of the Central and State Regulatory Commissions, there is no unallocated regulatory residue left outside the regulatory bodies. (¶9) Article 136 of the Constitution of India — Interim order not perverse — no interference — Held further: The Supreme Court will not interfere under Article 136 of the Constitution with an interim measure adopted by a High Court unless it can be termed perverse. Finding the interim direction not perverse, the Court declined to interfere and disposed of the Special Leave Petition without expressing any opinion on the merits. (¶12, 14, 15)

In the Court's own words
Paragraph 9We have considered the rival submissions made on both sides and have perused the record. In PTC India Ltd. v. Central Electricity Regulatory Commission[^3], a Constitution Bench of this Court has held that the Electricity Act is an exhaustive code for all matters concerning electricity. In Southern Power Distribution Company of Andhra Pradesh Ltd. & Anr. v. Green Infra Wind Solutions Ltd. & Ors., 4 reiterating the same position, this v. Chief Secretary, Government of Karnataka and Others, (2016) 2 SCC 653 and Kunga Nima Lepcha & Ors. v. State of Sikkim & Ors, (2010) 4 SCC 513. Court held that after the unbundling of electricity and the constitution of the Central and State Regulatory Commissions, there is no unallocated regulatory residue left outside the regulatory bodies. Section 79 of the Act delineates the functions of the Central Commission. Section 79(3) provides that the Central Commission shall ensure transparency while exercising its powers and discharging its functions. Section 86 of the Act deals with the functions of the State Commission. Section 86(1)(f) mandates that the State Commission shall adjudicate upon the disputes between the licensees and the generating companies and refer any dispute for arbitration. Section 86(3) of the Act mandates the Commission to ensure transparency while exercising its powers and discharging its functions. Section 94 deals with the powers of the Appropriate Commission. Section 94(3) empowers the Commission to authorise any person, as it deems fit, to represent the interests of the consumers in the proceedings before it. It is necessary for the High Court to consider the regulatory regime contemplated under the Act before passing the final order.
Acts & Sections
Article 136 of the Constitution of Indias.79 Electricity Act, 2003s.79(3) Electricity Act, 2003s.86 Electricity Act, 2003s.86(1)(f) Electricity Act, 2003s.86(3) Electricity Act, 2003s.94 Electricity Act, 2003s.94(3) Electricity Act, 2003

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Also decided in this judgment
Can the Supreme Court interfere under Article 136 with an interim measure of a High Court that is not shown to be perverse?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections