CELRAS Framework - Master Study Structure
C - Constitutional Framework
Key
Articles & Doctrines: - Article 12: State
definition (expansive - includes all local/other authorities) - Ajay Hasia
6-fold Test: shareholding, financial control, monopoly, state control, public
importance, governmental function transfer - Article 39(b)(c): Directive
Principles (resources for common good) - Article 14: Equality, Article 16:
Equal opportunity in employment, Article 311: Civil servant protections
E - Evolution Timeline
L - Legal Provisions &
Statutes
|
Act |
Key
Section/Provision |
Application |
|
Electricity
Act 2003 |
Sections
76-80 (CERC/SERC) |
Tariff
regulation, open access, competition |
|
Competition
Act 2002 |
Section
32(a) |
Narrowed
exemptions; PSUs now subject to competition law |
|
Consumer
Protection Act 2019 |
Sections
2(9), 66-90 |
Six
consumer rights; three-tier redressal system |
|
Industrial
Disputes Act 1947 |
Sections
22-24 |
Strike
restrictions in public utilities (6-week notice) |
|
IPC
1860 |
Sections
409, 420, 120B |
Criminal
breach of trust, fraud, conspiracy by utilities |
|
Telegraph
Act 1885 |
Section
5(2) |
Government
interception powers (PUCL safeguards) |
R - Regulatory
Bodies & Administration
Three-Tier
Structure: - Central: CERC (electricity),
TRAI (telecom), FSSAI, AERA (airports), AAI (civil aviation) - State:
SERCs, MWRRA, water boards - Local: Municipal corporations, district
authorities
Administrative
Discretion Limits (Article 14 + Maneka Gandhi): -
Must exercise in good faith, within statutory bounds, without malice, based on
rational considerations - Natural justice: Audi alteram partem, nemo judex in
sua causa - Judicial review grounds: Ultra vires, arbitrariness, mala fide,
irrelevant considerations
A - Accountability &
Liability
Four
Liability Pillars:
1.
Criminal Liability: Sections 409 (breach of trust), 420 (fraud), 197 CrPC (prior
sanction required for prosecution)
2.
Contractual Liability:
–
Breach of adhesive contract
terms
–
Deficient service claims
–
Remedies: damages, specific
performance, compensation
3.
Tortious Liability:
–
Legal personality: Can be sued
like private entities
–
Vicarious liability: For
employee actions within scope
–
Negligence: Duty of care
(contaminated water, electrical hazards)
–
Strict liability: Inherently
dangerous activities (electricity, gas)
–
Landmark: Municipal Corporation
Delhi v. Subhagwanti (1966), Rajkot v. Manjulben (1997)
4.
Consumer Protection
Liability:
–
Six rights: Safety,
information, choice, being heard, redressal, education- SICHER
–
Three forums: District (₹0-1
crore), State (₹1-10 crore), National (₹10+ crore)
–
CCPA (2019): New enforcement
authority for public utilities
S - Structural Power
Distribution
Constitutional
Allocation (Seventh Schedule): - Union List:
Railways (22), Telecom (31), Shipping (27), Aviation (56), Atomic energy (41) -
State List: Water (17), Gas (20), Urban transport (19), Health (6) - Concurrent
List: Electricity (38), Education (25), Social security (23)
Key
Tension: MRTP → Competition Transformation - MRTP
1969: Blanket exemption for PSUs (Section 3) - Competition Act 2002: Narrow
exemptions only for sovereign functions - Coal India v. CCI (2023): No blanket
immunity; competitive neutrality principle applies
Quick Revision Mnemonics
“NAP-SLI-CR”
- Exam Answer Framework: - Nature of utility
(private/public/statutory) - Article 12 applicability → constitutional
protections - Pertinent statute (which Act governs?) - Structure
of regulation (CERC/SERC/TRAI applicable?) - Liability dimension
(criminal/contract/tort/consumer?) - Implication for
employees/consumers/public - Common case law (landmark judgments) - Remedies
available
Critical Case Law Shortcuts
|
Case |
Year |
Principle |
Cite In |
|
Rajasthan
State EB v. Mohan Lal |
1967 |
Electricity
boards are “State” under Art.12 |
Art.12
questions |
|
Kasturi Lal
v. State UP |
1965 |
Non-sovereign
functions liable (tortious) |
Liability
questions |
|
PUCL v.
Union of India |
1996 |
Telegraph
interception needs safeguards |
Telegraph/privacy
issues |
|
Indra
Sawhney v. Union |
1992 |
Reservations
+ creamy layer + 50% ceiling |
Article 16
employment |
|
Coal India
v. CCI |
2023 |
PSUs
subject to competition law |
Competition
Act application |
|
Air India
v. Nergesh Meerza |
1981 |
Gender
discrimination in employment |
Article 15
violations |
Exam Problem-Solving
Checklist
✓ Define:
What utility? Public or private? Statutory body? ✓ Jurisdiction: Which
regulatory authority? Concurrent/Union/State list? ✓ Liability: Criminal
→ sanction required? Contractual → terms reasonable? Tortious →
negligence/strict? Consumer → correct forum? ✓ Rights: Employees →
Art.12/Art.16/Art.311? Consumers → six CPA rights? Public → universal service
obligation? ✓ Defenses: Is it sovereign function? Any statutory
exemption? Good faith exercise of discretion? ✓ Remedies: Compensation?
Injunction? Regulatory action? Criminal prosecution?
Last-Minute Topics to Revise
1.
Art.12 Evolution: Sukhdev (statutory corps), Rajasthan SEB (commercial bodies as
State)
2.
Regulatory Independence: SERCs not bound by government directives (2024 SC)
3.
Consumer Protection: Statutory bodies NOT exempted (1993 amendment), CCPA powers
4.
Strike Rights: IDA 1947 Section 22 restrictions (6-week notice, 14-day cooling
period)
5.
Natural Monopoly
Justification: Economies of scale + universal
service obligation
6.
Competition Law Shift: Coal India principle → PSUs must compete fairly
7.
Tortious Liability: No Article 300 immunity for commercial functions
8.
Criminal Sanction: Section 197 CrPC requirement for prosecution
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