Unlocking Bright Career Opportunities in Electricity & Energy Law: A Thriving Legal Domain
Electricity Law: A Bright Career in the Legal Profession
In the competitive world of the legal profession, practice in the Electricity Law is full potential. after the advent of the Electricity Act, 2003, new heights have been achieved in this particular field of law. The establishment of the statutory appellate fora i.e. Appellate Tribunal for Electricity (APTEL) at New Delhi having jurisdiction to hear appeals under section 111 of the Act on the question of fact as well as law, from the judgments and orders/directions passed by the State Electricity Regulatory Commissions, is providing ample of opportunities to the lawyers.
After completion of the degree of law, if one chooses to this field for practice, it is quite important to have some basic knowledge of the electricity field. A techno-legal mix of this field is of special nature.
following quasi-judicial and judicial Fora are there for purpose of legal practice:
Consumer Grievances Redressal Forum (CGRF)
CGRF
has been constituted under section 42 (5) of the Electricity Act, 2003 for the
redressal of the grievances of the electricity consumers. Any aggrieved consumer
file an complaint against the distribution licensee (Electricity Board). Services
of the advocate are also utilised by the consumers and particularly for the
disputes involving commercial nature or complaints preferred by the companies before
the CGRF has entail attractive professional fee. So, advocate can substantially
charge the fee for the contesting the complaint before the electricity consumer
grievance redressal forum.
Electricity Ombudsman
Any
consumer who does not find favour from the CGRF can file appeal (representation)
before the Electricity Ombudsman constituted under section 42 (6) of the Electricity
Act, 2003. The order of the Electricity Ombudsman is final as no further appeal
is provided.
Writ
Petition to High Court
Since
no appeal is provided for the further challenge
against the order passed by the Electricity Ombudsman, any one can invoke
extraordinary jurisdiction of the High Court under Article 226 of the
Constitution of India by filing writ petition. Lawyers having experience in the
electricity field are being hired by the potential consumers on very attractive fee structure. Vires of the Regulations framed by Electricity
Regulatory Commission is also challenged before the High Court by invoking
power of judicial review.
Supreme
Court
Any
order, judgment passed by the High Court is challenged before the Supreme Court
by way of filing Special Leave Petition .
Electricity
Regulatory Commission
Central
Electricity Regulatory Commission (CERC) at the central level and the various Electricity
Regulatory Commissions at the state level were established under the Electricity
Regulatory Commission Act, 1998. Further after the enactment of the Electricity
Act, 2003, the commissions constituted under the 1998 Act was construed to the constituted
under the 2003 Act. Electricity Act, 2003 being the umbrella legislation in itself
or to say a complete code, various functions such as legislative, administrative
and judicial have been vested in Electricity Regulatory Commissions. Under section
86(1)(f) of the Act, it is one of the important function of the State Electricity Regulatory Commission to
adjudicate the disputes between the generating companies and licensee or to
refer the dispute for arbitration. Similar function has been entrusted to the
CERC. For this purpose, generating
companies requires lawyers who are dealing with Electricity field
by paying/engaging on the very handsome professional fee. Dispute since involve
substantial financial stake of the generating company, the fee structure of the
lawyer could be more than two lakh or
above based upon the negotiation.
Appellate
Tribunal For Electricity (APTEL)
One can approach APTEL against the order passed by the CERC or the
State Electricity Regulatory Commission by filing a statutory Appeal under section
111 of the Electricity Act, 2003 on the question of fact as well as question of
law. APTEL is situated at New Delhi.
Supreme
Court
Second Appeal under section 125 of the Electricity
Act, 2003 is preferred on the substantial
question law before the Supreme Court.
Moreover,
drafting of the various documents also require the services of the advocates
such as drafting of the Power Purchase Agreements, other contracts etc. hence,
one can find a bright career in the field of practice in Electricity law.
In the concluding
words, Electricity field being a special field for practice, I strongly recommend
to the young lawyers to pursue to the same and make bright and shining professional career.
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