The Jurisdiction Litmus Test - Composite Scheme Conundrum

In India, the generation, transmission, distribution and sale of electricity fall under the ambit of public services and are highly regulated. The Electricity Act, 2003 ("Electricity Act"), lays down the legal framework within which generating, transmission and distribution companies operate with the Central and State Electricity Regulatory Commissions regulating their conduct.

The Electricity Act conceptualizes the Central and State Commissions as distinct forums which function in parallel, having well-defined jurisdiction over the specific matters identified by the Electricity Act. However, despite legislative attempts to draw clear lines between the matters over which the Central and the concerned State Commissions have jurisdiction, there continues to be uncertainty regarding their jurisdictional boundaries.