Defending the Indefensible

Power woes are nothing new in Kashmir. For decades, the valley has struggled with a yawning gap between electricity demand and supply. Yet, just when the public had grown accustomed to enduring daily uncertainties, a new shock arrived that KPDCL petitioned the Joint Electricity Regulatory Commission (JERC) seeking a 20% surcharge on electricity consumed during peak hours.

In simple terms, KPDCL, the distribution company responsible for supplying power across Kashmir, wants people to pay 20% more for electricity used between 6 am–9 am and 5 pm–10 pm, the hours when households rely on heating, lighting, and daily routines. The proposal, though framed as a compliance measure, hits citizens at the worst possible time of winters.

Before we critique, it is worth briefly explaining what JERC is. The Joint Electricity Regulatory Commission is a statutory body established under provisions of the Electricity Act, 2003. Its role is to regulate tariffs, ensure fair licensing, protect consumer interests, and promote efficient electricity distribution. Over time, JERC’s mandate has been strengthened through various amendments, including the Electricity (Rights of Consumers) Rules, 2023, which require distribution companies to adopt “Time-of-Day” tariffs, essentially different prices for electricity depending on when it is used.

JERC is supposed to act as a quasi-judicial body, reviewing petitions from utilities and approving tariff structures. On paper, its existence is meant to ensure technical compliance and fairness. In practice, however, the body is a regulatory instrument that often seems divorced from the political and social realities of the consumers it affects.

Here’s the rub, KPDCL is a Union Territory-owned corporation. Its operations, budgeting, and policies ultimately fall under the administrative control of the Power Development Department, which in Kashmir is held directly by the Honourable Chief Minister. In other words, this is not some distant private utility acting independently but it is a government corporation.

The petition to JERC may appear to be a routine adherence to tariff rules, but it also exposes a glaring problem, that is the absence of elected government intervention in protecting citizens’ interests. The elected government is effectively allowing a surcharge proposal, which could have been absorbed or mitigated through the UT budget, to pass without question. The citizens are left facing the consequences of administrative compliance, while the political machinery looks on passively.

Taken together, the situation reads as a perfect example of ‘defending the indefensible’. Residents of Kashmir continue to pay the price for poor infrastructure, historical mismanagement, and political complexities. Now, on top of that, we are being asked to foot a 20% surcharge in the coldest months. KPDCL may be following JERC rules, the regulatory framework may be sound and technically, the petition is justified. But the real failure is political. The government that owns KPDCL, that controls the Power Development Department, that has the authority and budgetary means to buffer its citizens from such shocks, has chosen the path of convenience over responsibility.

Several states and UTs have relieved domestic (household) consumers from Time-of-Day (ToD) tariffs and kept ToD applicable mainly to large commercial or industrial users. Punjab has fully spared domestic users. Delhi has not made ToD mandatory for households and keeps it optional only for certain higher-load domestic connections. Haryana, Assam, Chhattisgarh, and some smaller UTs follow the same pattern, ToD applies only to big industrial or high-demand consumers, while ordinary households continue paying normal, non-ToD tariffs. In simple terms, these states have protected home users from peak-hour surcharges and kept their bills unchanged. In Kashmir, the people are facing financial strain, sectors are slowing, and the economic situation worsens by the day. Having to defend an indefensible tariff hike only deepens the crisis we face.

Author is a practising Advocate at J&K High Court and Columnist on Public Policy and Politics