Karnataka High Court Strikes Down Centre's Green Energy Open Access Rules, Says It Lacks Legislative Competence
23 hours, 52 minutes ago

Karnataka High Court Strikes Down Centre's Green Energy Open Access Rules, Says It Lacks Legislative Competence

Live Law  

The Karnataka High Court has struck down the Electricity Rules 2022 framed by the Central Government for generation, purchase and consumption of green energy i.e., electrical energy from renewable sources of energy. If the Parliament made a law [specifically conferring power on the Regulator to frame Regulations which governed every aspect of open access, it is inconceivable that the Central Government can side-step the requirement of the Parliament enacting a law in that regard and straight away proceed to frame the impugned Rules.” Significantly, the Court also struck down the Karnataka Regulatory Commission Regulations, 2022 which were framed by KERC under an obligation cast by the now invalidated Central Rules. Referring to various provisions under the Act the court said “It is the State Commission alone which is conferred with the responsibility of introducing open access, determining charges for wheeling and payment of surcharge, would, by itself, clearly indicate that no other entity apart from the State Commission can even attempt to get involved in the matters of distribution and, more importantly, providing open access.” Emphasising that the main purpose of creating a Regulatory Commission is to ensure that there is an independent and impartial body to deal with the charges that can be levied in the matter of open access, and this is obviously with the intent that the Regulatory Commission would ensure a fair determination of the charges that would become payable. The court said “The entire ambit of electricity supply is to be administered by the Regulatory Commission and the Government has not been conferred with any power or responsibility to interfere or interject in this process.” Following which it held “Since the power to regulate the transmission, determination and, more specifically, all aspects relating to open access is conferred exclusively on the State Commission under Sections 42 and 181 of the Electricity Act, it is obvious that all aspects of open access lie within the exclusive domain of the State Commission. Since the power to administer and monitor open access is conferred on the State Commission, it is obvious that the Central Government does not have the power to frame any Rules.” It added “The Central Government cannot, in the guise of exercising its residual power under Section 176 of the Act, contend that it can frame rules to carry out the provisions of the Act.” Further it said, “If the impugned Rules framed by the Central Government are accepted, then the aspect of providing open access to renewable sources of energy as specified by the State Commissions stands nullified.

Energy Court Access Electricity Power Writ Green Rules State Commission Open Centre Kar Petition Open Access  karnataka  green  writ  strikes  commission  rules  high  legislative  energy  lacks  court  open  power  petition  gmkeb  access  state  electricity

History of this topic

Karnataka Governor has sought clarifications on 11 Bills citing multiple reasons
4 months, 1 week ago

Karnataka Governor has sought clarifications on 11 Bills citing multiple reasons

The Hindu  

Karnataka Governor Thaawar Chand Gehlot has returned 11 Bills passed by the State legislature seeking clarifications from the government on various counts, such as pending cases in the Supreme Court, overlapping provisions of two laws, issues in creation of a new entity for a limited area, and the authority of the government, among other things. “The City Municipal Council president …

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024
7 months ago

Karnataka High Court Weekly Roundup: May 27 - June 02, 2024

Live Law  

Citations: 2024 LiveLaw 233 To 2024 LiveLaw 242 Nominal Index: M Govinda Bhat & ANR AND The Deputy Commissioner and District Magistrate and District Election Officer & others. Needless to observe that Regulation 25 of the KSRTC Regulations, 1971 also mandates to refer to the past conduct and history sheet of the workman.” Karnataka High Court Waives Compulsory Rural Service …

Karnataka HC Holds KERC Has No Jurisdiction To Interfere With Proceedings Of Permanent Court Of Arbitration [Read Order]
5 years, 1 month ago

Karnataka HC Holds KERC Has No Jurisdiction To Interfere With Proceedings Of Permanent Court Of Arbitration [Read Order]

Live Law  

The Karnataka High Court has held that Karnatala Electricity Regulatory Commission has no jurisdiction to interfere with Permanent Court of Arbitration, proceedings under Section 86 of Electricity Act. Justice P B Bajanthri while allowing the petition filled by Hassan Thermal Power Private Limited set aside the order of the commission, dated August 17,2018. Petitioners argued: Senior advocate, Anoop George Chaudhari …

Discover Related