Supreme Court Directs Power Ministry, Regulators To Draw Up Joint Action Plan For Reduction Of Power Sector Emissions

The Supreme Court recently (July 22) directed the Ministry of Power to convene a joint meeting with the Central Electricity Authority (CEA) and the Central Electricity Regulatory Commission (CERC) to prepare a coordinated action plan to reduce carbon emissions from the power generation sector. The Court ordered the three bodies to file a joint affidavit within four weeks detailing the applicable legal framework and the proposed steps to address emissions.A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar passed this order in a public interest litigation filed by child activist Ridhima Pandey, challenging the Government of India's approach to addressing climate change. The Court has impleaded CEA and CERC as party respondents under Sections 70 and 76 of the Electricity Act, 2003.“In order to address the issue of carbon emissions arising out of power generation, we deem it necessary that all stakeholders must be on the same platform to discuss, formulate and implement the plan systematically and consistently for achieving short-term and long-term goals. It is therefore necessary to connect those involved in the process of power generation, transmission and distribution as well as the regulators. It is equally necessary to ensure that the policy makers are attuned with ground realities and the difficulties of the regulatory and executory machinery”, the Court observed.The direction came in an appeal filed in 2021 by an 11-year-old girl which challenges the government's response to climate change. The petition was originally filed before the National Green Tribunal in 2017 and dismissed in 2019. It raises concerns about the approval of carbon-intensive projects without proper climate impact assessments, and seeks a national climate recovery plan and a “carbon budget” to limit emissions until 2050.On December 5, 2024, the Court appointed Advocates Jay Cheema and Sudhir Mishra as Amici Curiae and directed the Union of India to submit a compilation of relevant rules regulating carbon emissions. On February 21, 2025, the Court recognised climate change as an existential global predicament with consequences beyond environmental degradation. The Court noted that escalating temperatures, erratic weather patterns, and extreme climatic events such as floods, droughts, and heatwaves pose significant threats to public health, food security, and economic stability. The Court observed that various ministries tasked with environmental governance were operating in "silos," leading to a lack of coordination. It noted that regulatory bodies such as pollution control boards face fiscal and staffing constraints and often lack access to real-time data, undermining effective implementation.On July 22, 2025, the Supreme Court considered detailed written submissions from the Amici Curiae. They told the Court that power generation is responsible for 8% of carbon emissions, and that many coal-based thermal power plants are located within 300 kilometres of the National Capital Region (NCR).The Amici referred to a study by the Central Electricity Authority (CEA), which found that between April 2022 and August 2023, many thermal power plants did not follow the required emission standards. One report said these plants contribute around 8% of the PM2.5 pollution in Delhi. Another report by the Centre for Research on Energy and Clean Air (CREA) said these plants release much more sulphur dioxide than stubble burning, even though stubble burning gets more attention.They explained that coal-fired power plants release harmful pollutants like PM2.5, PM10, nitrogen oxides, sulphur oxides, and carbon dioxide. Unlike the smoke from stubble burning, which is easy to see, these pollutants are released through tall chimneys and can spread over long distances.Although Indian coal has a low sulphur content of about 0.7% or less, most of it gets converted into sulphur dioxide and trioxide when burned. These emissions can be reduced by using Flue Gas Desulphurization (FGD) systems and Electrostatic Precipitators (ESP). However, the Amici submitted, only about 8% of the 540 thermal power units required to install FGDs by 2026 have done so. The Ministry of Environment, Forest and Climate Change (MoEF-&CC) issued another extension on December 30, 2024, for TPPs to meet SO2 emission norms, marking the fourth such delay. The Supreme Court had earlier expressed concern over this on January 27, 2025, warning that extended timelines could worsen Delhi's air pollution. The Amici submitted that coal-based plants will continue to operate until renewable sources are able to meet demand.The Amici Curiae flagged concerns regarding a new MoEF&CC notification issued on July 11, 2025, which, they submitted, dilutes the stricter emission norms laid down in 2015.The affidavit filed by the Ministry stated that India's emission intensity of GDP reduced by 36% between 2005 and 2020. The Ministry said that India's forest and tree cover now stands at...

Supreme Court Directs Power Ministry, Regulators To Draw Up Joint Action Plan For Reduction Of Power Sector Emissions

Amisha Shrivastava

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Supreme Court Directs Power Ministry, Regulators To Draw Up Joint Action Plan For Reduction Of Power Sector Emissions

Amisha Shrivastava

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