Dear Sirs

I am sure majority of my learned friends may have noticed the landmark judgement of THE Spreme Court of India in the matter of PTC INDIA LIMITED V CENTRAL ELECTRICITY REGULATORY COMMISSION .

1 Their lordships in their judgement, inter-alia ruled that the points in question should please be referred to for the Judicial Review and also the use of authority by the Regulatory Body in respect of making the the rules and regulations

2 Whilst I fully appreciate that the noble objective for the framing of regulations by the regulatory body in this case may be to safeguard the interest of the consumers of electricity or the public at large on the one hand and the ability of the electricty companies to charge or fix the profitable /affordable price, the point is should we allow such regulatory bodies by virtue of any sub ordinate legislation entrust them with so vast a power whether by Statute or otherwise enabling them to go on making rules and regulations affecting the people at large.

3 How can any one could be sure that the powers for making regulations by the regulatory bodies are being exercised fairly reasonably honestly sincerely and for the benefit of the public at large (save from making expensive litigation or judicial review)

4 It is my humble submission that we need to keep on watchful eye that we do not end up with ‘tons of rules and regulations created by limited few people who are not elected by the people (unlike the members of the parliament ) affecting the day to day life of the ordinary people.

5 Should we be permitting just as a matter of routine for a regulatory body to bring various ‘Acts ‘by so to speak ‘back door entery’ method

6 In my humble opinion we lawyers need to very vigillant about this so as to safeguard the ‘health’ of our democracy and the people of India

Kind Regards and Best Wishes

Yours faithfully

Bhupendra K Vyas

Solicitor