State Of Himachal Pradesh vs JSW Hydro Energy Limited 2025 INSC 857 - Electricity Act - Writ Petition
We make notes on all Supreme Court judgments for our subscribers’ community consisting of judges, lawyers and students of law and share it in this website. If you want to access them, you can join the community which costs you just ₹2 per day.
Constitution of India - Article 226 - Electricity Act 2003- Since tariff determination, including the power to make regulations for this purpose, has been entrusted to a specialised and expert regulator constituted under the statute itself, it would not be proper for constitutional courts to interfere and assume these functions, or to examine tariff fixation on its merits and substitute its own determination for the one made by the expert body after duly considering all material circumstances - When a constitutional court is interpreting statutes, rules, or regulations that fall within the regulator’s domain, it must bear in mind the need to enable the regulator to exercise comprehensive jurisdiction. Courts must not impair the functioning of the regulator by taking away certain aspects of the sector outside the regulator’s scope, thereby fragmenting regulation and creating plurality of jurisdictions. It is in the interest of good governance through regulation to ensure that there is no proliferation of remedies and there are no parallel, multiple remedial forums. Further, this also ensures that the sectoral law is developed in a coordinated and systematic fashion by the regulator that is equipped to deal with not only legal issues but also has specialised knowledge in other areas. (Para 32-33)
#SupremeCourt on scope of writ petitions in Electricity Act matters : https://t.co/7jWvheIIVp pic.twitter.com/Ds1WPnmaOt
— CiteCase 🇮🇳 (@CiteCase) July 21, 2025