Ashish Ranjan
Delhi Govt to Continue Power Subsidy Policy: Monday, in response to Delhi’s Lieutenant Governor VK Saxena releasing a note proposing changes to the city’s electricity subsidy policy, the Delhi government stated that the subsidy will not be reduced and will continue as is for all city residents.
The clarification from the government was issued after the L-office G’s issued a note, based on a recommendation from the Delhi Electricity Regulatory Commission, seeking adjustments to the power subsidy policy in the national capital.Also see: The Bombay High Court has ruled that moving one’s hand over the back and head of a minor girl without sexual intent is not an offence against her modesty.
The note issued by the L-office G’s on Friday stated, “In 2020, the Delhi Electricity Regulatory Commission (DERC) issued a’statutory advice’ to the Delhi government requesting that it consider’restricting’ power subsidy to the ‘poor and needy’ consumers consuming 1-5 KW of power, which would not only cover nearly 95% of the consumers but also save nearly Rs 316 crore per year.”
AAP leader who recently took oath as Delhi’s Power minister issued a statement on Monday stating that the government has no plans to discontinue the power subsidy for any consumer or alter the subsidy’s basis.”Delhi’s mayor, Arvind Kejriwal, is committed to providing free electricity 24 hours a day, seven days a week.” Our energy subsidy will not be altered. She stated that the L-G office is disseminating misinformation on purpose.
Regarding the DERC recommendation, Atishi stated, “In a letter dated 06.01.2023, DERC recalled its prior advice to the Delhi government regarding the reduction of power subsidies for consumers with fixed capacity connections exceeding 5kW or 3kW.” After a thorough examination of numerous legal provisions of the Electricity Act of 2003 and prior Supreme Court decisions, DERC concluded that it lacked the legal authority and jurisdiction to advise the Delhi government regarding the cessation of subsidies for any category of consumers.
She claimed that Prime Minister Narendra Modi wishes to end power subsidies in Delhi and that the L-G issued this statement under pressure from the Prime Minister’s Office (PMO).In these times of inflation, the power subsidy in Delhi has been a tremendous boon to the common man. The working and middle classes of Delhi are appreciative to Delhi Chief Minister Arvind Kejriwal for this assistance. “The Kejriwal government has committed to continuing the electricity subsidy,” she said.
In January 2023, the Delhi Electricity Regulatory Commission (DERC) withdrew its recommendation regarding the Power Subsidy, according to Atishi. Since more than two years had passed since DERC’s last advice, the then-Deputy CM and minister-in-charge of Power, Manish Sisodia, had written to the DERC chairman requesting a re-examination of the issue and a new opinion on the matter, she added.”Upon receiving this request, the DERC conducted a thorough legal analysis of the matter and issued a revised opinion on January 6, 2023, rescinding its previous’statutory advice’ on legal grounds,” she explained.
“In its comprehensive order, the DERC noted that pursuant to Section 86(2) of the Delhi Electricity Act of 2003, the commission can only provide advice to the government on four specified matters. The matters include I promotion of competition, efficiency, and economy in activities of the electricity industry; (ii) promotion of investment in the electricity industry; (iii) reorganisation and restructuring of the electricity industry in the State; (iv) generation, transmission, distribution, and trading of electricity, as well as any other matter referred to the State Commission by that Government,” Atishi added.
Atishi also stated that the issue of Power Subsidy does not fall under any of the four specific areas listed in Section 86(2) of the Act, but rather falls under Section 65, which is the exclusive jurisdiction of the Delhi government. She asserted that as a result, the Commission concluded that its prior advice regarding the subsidy was legally erroneous and beyond its jurisdiction.
Atishi added, “Given that the DERC lacks the authority to supervise power subsidy, its advice on the matter is inappropriate and erroneous.”Realizing the discrepancy, DERC clarified that their previous legal advice is invalid as of the current date.”
She added that the DERC chief, in his order, had also criticised the previous commission members’ reasoning for issuing such advice.Regarding the suo-moto nature of the commission’s previous statutory advice, the DERC chairman stated in his order, “The purpose of suo-moto advice appears to have been to resolve the Pension trust surcharge issue. Consequently, advice wholly inappropriate to the situation was offered, perhaps as a goodwill gesture, but wholly inappropriate. This gesture, regardless of how practical or good it sounds, must comply with/justify the parameters of the law.”
“It is also important to remember that the advice was given during the COVID era, which was a dismal period in human history. The entire world, including India and Delhi, was impacted by COVID. Naturally, everything had gone awry… Perhaps some of the period’s factors were also floating through the Commission’s mind at the time,” the DERC chairman added.
The Power minister questioned the L-intent G’s behind the note, citing the comprehensive order issued by the DERC.”Every one of these documents is on file. If we are aware of it, the Delhi LG would be as well. How did the Delhi Lt. Governor urge the government to change the subsidy policy when he knew the advice was legally incorrect?” Atishi said.
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She added that the government had not received any note or file from the L-office G’s regarding this matter, and that she had only learned of the situation through the media.The minister asserted that it is evident that the L-G intends to impede the operation of the government by any means necessary and is acting maliciously.
