Kerala High Court Upholds Participatory Rights in Solar Policy Hearing: Directs KSERC to Hold Physical Public Consultations – EQ
Summary :
In WP(PIL) No. 79 of 2025, the Kerala High Court addressed a petition filed by the Domestic On-Grid Solar Power Prosumers Forum – Kerala against the Kerala State Electricity Regulatory Commission (KSERC). The Forum challenged KSERC’s decision to hold an online-only public hearing on the proposed Renewable Energy Regulations, 2025, urging that hearings be conducted in physical or hybrid mode, as done previously.
The Court emphasized that public hearings are fundamental to participatory democracy, especially in regulatory matters impacting large sections like solar prosumers. It noted that while there may be no statutory right to demand a physical hearing, the practice adopted by KSERC in past years of conducting hybrid or physical hearings had created a legitimate expectation among stakeholders.
The Court found the Commission’s reasoning—citing past disruptions—as insufficient to justify completely eliminating physical hearings. It stated that law and order concerns should be addressed by appropriate police support, not by curtailing public participation. The Court also acknowledged the digital divide and the potential exclusion of stakeholders unfamiliar with online formats.
Ultimately, the Court directed KSERC to conduct physical public hearings at four locations across Kerala—Kozhikode, Palakkad, Ernakulam, and Thiruvananthapuram—and allowed KSERC to decide the specific logistics. It also advised that any SOPs for these hearings must facilitate, not hinder, meaningful public involvement.
The judgment reinforces the importance of inclusive consultation in energy policy and upholds the rights of stakeholders in shaping renewable energy regulations.
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