This research paper examines the interaction between India’s comprehensive legislation and environmental laws. Try it now, focus on the environmental impact of energy production and the need for sustainable development. It reviews the current environmental legislation in India including the Air Act, Water Act, Environmental Protection Act and Forest Act as well as the Energy Act 2003 which lays out the risks of competition, business and opportunity. This study discusses the importance of renewable energy and the overlap between energy law and environmental law, draws attention to the need for legislation, and proposes amendments and recommendations for legislation in line with company objectives. It also explores sustainable development concepts, including conservation and pollution pay standards and other laws. This article examines various renewable energy sources such as solar, biogas and hydropower, discussing their social, operational and legal aspects.
It underlines the urgency of transitioning to greener energy sources and moving away from gas use. The research paper ends by emphasizing the importance of the integration of energy law and environmental law to ensure the future success and achievement of national and international goals.
RESEARCH PAPER ON: THE CONUNDRUM OF EFFICACY OF LEGISLATION AND POLICIES WITH RESPECT TO GREEN ENERGY IN INDIA
INTRODUCTION
INDIAN ENERGY LAW: INCAUTIOUS OF THE ENVIRONMENT?
INTRODUCTION
“The relationship between respect for life and the creation of life and the development of the country’s economy, so that people can live in a clean, green and pollution-free environment, develop without poverty, live in peace and happiness without fear of war and security. for all citizens of a country.”
– APJ Dr Abdul Kalam
This study examines how India’s expansionary laws interact with the country’s current environmental policies. “Air Law”, “Water Law”, “Environmental Protection Law” (all laws) and “Forest Law” are the main environmental laws today. The Electricity Act has had a major impact on India’s energy regulatory framework.
The Energy Act of 2003 introduced a new policy on risk zones designed to reduce risks in this area and provide more opportunities to promote competition and trade. The law has structures that can create competition in the production and privatization of distribution, but no work has been done to solve the problems related to the transfer. According to the two law schools, the future should be able to support itself now, if not certainly better. It reveals the current trends in environmental law and discusses what has developed, spread and what will happen in electronic law.
Regarding renewable energy and sustainable development, we are talking about the nature, use and environmental impact of energy production. A second point of contention is the overlap between the two policies, particularly environmental issues from energy production.
Finally, this article aims to illuminate the lack of law, to provide reasonable remedies, and to make small suggestions to find and establish a legal basis for this purpose.
Native American efforts
“Without light, there is no life.”
– SR Krishnamurthy Iyer
Governments around the world spent more than $5 trillion on energy subsidies in 2014, mostly on fossil fuels.
Energy law is defined as “the distribution of rights and responsibilities between individuals and governments and between governments and states in relation to the development of energy resources”. The development of Indian environmental law over the last two decades has revealed the fact that the right to a clean environment is one of our fundamental rights and therefore its sanctity cannot be claimed. The energy was brown before, but soon changed back to green.
power
Dr APJ Abdul Kalam, ‘Evolution of a Happy Society’ (2011) 4(3) NUJS L Rev 339.
The Air (Prevention and Control of Pollution) Act 1981.
The Water (Prevention and Control of Pollution) Act 1974.
The Environment (Protection) Act 1986
The Indian Forest Act 1927.
The Electricity Act 2003.
V Ranganathan, ‘Electricity Act 2003 Moving to a Competitive Environment’ (Economic and Political
Weekly, 15 May 2004) <www.epw.in/system/files/pdf/2004_39/20/Electricity_Act_2003.pdf>
S R Krishnamurthy Iyer, Law relating to Electricity in India (3rd edn, Universal Law Publishing 2016)
‘How Large Are Global Energy Subsidies?’ (2015) Int’l Monetary Fund Working Paper No. 15/105
C M Abraham, Environmental Jurisprudence in India (Kluwer Law International 2009).
Adrian J Bradbrook, ‘Energy Law as an Academic Discipline’ (1996) 14(2) JERL 193, 194.
The average cost of generating electricity is favorable compared to new coal/heat/gas projects and closed-loop generators. Even the cost of renewable energy will fall. In the future, the cost of conventional electronics laws has increased.
Letter from Ministry of Non-Conventional Energy Sources, New Delhi to different States’ secretariats (7 September 1993); A P Transco v Sai Renewable Power (2011) 11 SCC 34.
Energy comes from primary, secondary and secondary, so it should not be from the first place. “Electricity, although second, is the most important and most tightly controlled form of energy.” Light is life, and the creation of clean energy can provide the foundation for generating income in the global economy.
Global environmental issues in other countries were better known in the 1990s. Energy consumption accounts for about 60% of all carbon dioxide emissions, which cause most greenhouse gases.
According to the International Energy Agency, renewable and developing countries will supply about 90% of the world’s primary energy in the future, up from 60% in the last 30 years. This is due to the abundance of natural resources in many developed and underdeveloped countries. The main material is the need for energy, and it uses materials that arise or whose synthesis is harmful to the environment. However, there will be some negative ecological impacts. The question that arises now is whether it is worth destroying the environment to build a better future.
The general principle behind sustainable development
Development that meets the needs of the present without compromising the ability of future generations to meet their individual needs is called sustainable development. Supreme Court has declared the main principles of sustainable development essential for India – MC Mehta – Read about CNG in Union of India case:
(a) precautionary principle and
(b) polluter pays concept.
The precautionary principle states that authorities should look at what needs to be done and how to do it, and then take appropriate action. The tyrant pays the conditions stated that he has to pay the price in case of violation of the above conditions.
The so-called Shriram gas leak case raises important questions about the behavior and accountability of large public health companies. While this is about the disposal of hazardous materials and its responsibility, it is still relevant to our data.
Rosemary Lyster and Adrian Bradbrook, Energy law and Environment (1st edn, Cambridge University Press 2006).
The Kyoto Protocol Mechanisms, International Emissions Trading Clean Development Mechanism Joint Implementation (United Nations Framework Convention on Climate Change)
<https://cdm.unfccc.int/about/cdm_kpm.pdf>
Parag Diwan and A C Khered, Energy Law and Policy (1st edn, Pentagon Energy Press 2009) 42.
‘World Energy Outlook’ (International Energy Agency, 2006)
<http://www.worldenergyoutlook.org/media/weowebsite/2008-1994/WE02006.pdf>
Brundtland Commission, Our Common Future (Oxford University Press 1987)
MC Mehta v Union of India (2002) 4 SCC 356.
Gurdip Singh and Amrita Bahri, Environmental Law (2nd edn, EBC 2016) 70, 71.
MC Mehta v Union of India (1986) 2 SCC 176.
Renewable Energy
RERC issued regulations in 2007 and 2010 to enforce these regulations (Rajasthan Electricity Regulatory Authority (Renewable Energy) Regulations, 2007 and Rajasthan Electricity Authority Certificates and Equipment Electricity 10 These Laws, 2nd free power stations and open customers Purchasing a minimum source of energy from renewable sources Article 21 of the Indian Constitution guarantees the right to a healthy life. The Energy Act 2015 is a collective remedy.
The purpose of this application is to promote electricity generation through the use of renewable energy sources, including climate, environmental and macroeconomic considerations. This action is to realize and become conscious of the “power” that carries the elements of the past and brings them to the new world. The law will help achieve national and international targets, particularly in increasing the cost of energy produced from renewable sources. The national renewable energy policy must be established and implemented within six months of the law’s entry into force.
The plan for providing reliable and affordable energy is called Integrated Energy Resource Planning (IERP).
The strategy is a comprehensive, evidence-based analysis of the opportunities and risks associated with future energy access. To ensure the energy, environment and safety of the business, such plans will consider all possible resources, including external resources and needs.
The terms “force” and “strength” do not have a general meaning, although they are used interchangeably in common parlance, since they do not appear in the Black Law.
“The Factories Act 1948 has a very strict definition of ‘power’ and does not include any power that is not transferred to machines or produced by human or other organic means. Whereas previously, ‘energy’ could only come from the same place as a ‘factory’, with more renewable energy within its borders. Placing it won’t help.
The Electricity Law, on the other hand, defines “electricity” which is only electricity and nothing more. This definition again leaves out things like biogas, solar and tidal energy.
A new head of government who established himself in the field of renewable energy in 1992, the Ministry of Unconventional Energy is the former name of the same centre. For all topics related to renewable energy.
The general aim of the Ministry is to develop and use renewable energy resources to meet the energy needs of the country.
Hindustan Zinc Ltd v Rajasthan Electricity Board (2015) 12 SCC 611 para 45; Subhash Kumar v State of Bihar
(1991) 1 SCC 598.
‘National Renewable Energy Draft’ <http://mrn-e.gov.in/file-manager/UserFiles/draft-rea-2015.pdf>.
Ministry of New and Renewable Energy, ‘National Renewable Energy Act 2005’
<www.indiaenvironmentportal.org.in/content/414501/national-renewable-energy-act-2015/
National Renewable Energy Bill 2015, s 15(1).
National Renewable Energy Bill 2015.
Factories Act 1948, s 2(g).
Electricity Act 2003, s 2(23).
Solar
“Solar energy is not free, it’s like salvation. Buying for the same price is more than a gift.”
More than 60 solar cities, as part of the MNRE Solar City Development Program, during the 12th five-year plan. The ‘Solar City Development’ initiative will help/encourage local cities to develop plans to help their cities become ‘Renewable Energy City’, ‘Sun City’ or ‘Eco/Green City’. The program aims to manage all the activities of the Ministry in the city and to bring solutions to the energy problems in the city.
The aim of the program is to promote the use of renewable energy in the city by helping city companies create and implement plans to convert their cities to solar power. The aim of the program is to monitor the use of sustainable energy options through public and private partnerships.
Solar energy is free and abundant for us. It is possible to use the solar radiation falling on the earth’s surface for the well-being of human life. Solar water heating systems are one of the most widely used solar energy harvesting equipment.
Bioenergy/Biogas
Biogas is an innovative and unique concept for electricity generation. The main idea of planting trees to reduce carbon dioxide in the atmosphere is very attractive. There is no doubt that banning deforestation and planting new, large forests will have an impact on the environment, but linking CO2 emissions from new plantings is a “time-saving” permanent solution when trees need 40-60 years. The electricity that the world derives from biogas absorbs 30 times more heat methane molecules than carbon dioxide molecules.
The Government of India has also decided to electrify rural communities.
The Indian government provides subsidies for biogas production. Subsidies of Rs 60,000, Rs 52,500 and Rs 45,000 are available depending on the capacity of the biogas plant.
‘Introduction’ (The Ministry of New and Renewable Energy) <http://mnre.gov.in/mission-and-vision-2/mission-and-vision>
‘Sun Through the Centuries: A Brief History of Solar Energy’ (Solterra, 12 February 2015) <www.solterra.com/sun-through-the-centuries-a-brief-history-of-solar-energy/>
‘Clean Energy Solutions Center: Assisting Countries with Clean Energy Policies’ (National Renewable Energy Laboratory, September 2013) <www.nre1.gov/docs/fy13osti/60277.pdf>
Naresh, ‘Programmes’ (Vikaspedia, 28 July 2014) <http://vikaspedialnienergy/policy-support/renewable-energy-1/programmes#section-21>
‘Solar Water Heating Systems’ (The Ministry of New and Renewable Energy) <http: I/mnre.gov.inlfile-
manager/UserFiles/briefswhs.pdf>
Godfrey Boyle, Renewable Energy: Power for a Sustainable Future (2nd edn, Oxford University Press 2006)
ibid.
Ramji Patel v Nagrik Upbhokta Marg Darshak Manch [2000] 3 SCC 29.
Hydropower
Surprisingly, 5% of dams in the United States have their main use or income for recreation, while hydropower accounts for only 2% of them.
India has enormous potential with the fifth largest potential in the world and hydropower potential is very high. According to a study by CEA, India has the potential to generate 1,48,700 MW of electricity that can be used financially. Now is the time to discuss the specifics of environmental damage from hydropower. Compared to all other renewable energy sources, hydropower will generate the most damage per unit of energy.
The construction of a hydroelectric project takes years, changes the topography of the region and disrupts the ecological balance. Needless to say, this causes disruption of the natural channel. Another problem is the lack of land in the area that was once used for agriculture.
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There is a great need for a different, green energy; now we should talk about why it still needs refurbishment.
When we talk about protecting the environment, our aim is to show that (1) sustainable development is necessary and (2) the environment should be protected as much as possible. Therefore, when we begin to discuss conservation, we find ourselves almost entirely preoccupied with the opposite of these two theories. If we save a resource for future use, we do not devalue it; instead we use it in the future and create more pollution in the process. Therefore, we now live in a cleaner environment as we use these resources, which brings us closer to sustainable development.
Naresh, ‘Programmes’ (Vikaspedia, 28 July 2014) <http://vikaspedialnienergy/policy-support/renewable-energy-1/programmes#section-21>
‘Role of Dams’ (International Commission on Large Dams) <http://www.icold-
cigb.net/GB/dams/role_of_dams.asp>
‘Hydroelectric Power’ Dictionary of American History (Encyclopedia.com)
<http://www.encyclopedia.com/science-and-technology/computers-and-electrical-engineering/electrical-engineering/hydroelectric> accessed on 23 September 2017.
Filippo Lechthaler, Economic growth and Energy Use During Different Stages of Development: An Empirical
Analysis Environment and Development Economics (Oxford University Press 2017) vol 22, 26, 50.
Due to various factors such as the advancement of human rights and global environmental awareness, international organizations have published good governance standards for international conferences such as the United Nations Global Compact and developed specific guidelines for the oil industry. In response to these developments, most major conferences have begun to voluntarily publish their public safety efforts each year. All this leads to renewable energy.
We are watching our deputies move in the same direction. One of these acts witnessed the creation of several institutions: the Electricity Law.
The Oil and Gas Department established the first group, the Petroleum Conservation Research Group, in 1976. The group later became the Petroleum Conservation Research Association (PCRA), organized as a society under the Registration Act of 1860. It continues to work through a national focus, management strength and board of directors for improving fuel efficiency.
Just five years after the PCRA was established, the Energy Advisory Committee was created under the same law to request the creation of an energy conservation organization to manage the central government. In addition, the government responded by establishing an organization called the Electricity Regulatory Authority (EMC), which is mandated under the Associations Registration Act.
Prior to this, the Ministry of Energy also created an energy conservation group: scientists, in accordance with sales regulations, create a voluntary commitment, create a “natural resource contract”, establish international standards, etc.
Conclusion
The intersection of two laws leads to an effect between them that is not obvious but still true.
Energy is needed and the need will not decrease in the future. The same goes for the environment. Realizing that both are equally valuable is the only way forward. For this, sustainable development is needed. Since the scope of this article is limited to energy and environmental issues, the focus can only be on the main topic, renewable energy, and it can be legitimate.
A Bhattacharyaa, ‘Energy Conservation in Petroleum Industry’ in Pradeep Chaturvedi, Shalini Joshi (eds) Strategy for Energy Conservation in India (Concept Publishing Company 1997).
‘Annual Report 2013-14’ (Petroleum Conservation Research Association)
<www.pera.org/pera_adm/writereaddata/upload/reportts/Annual_Report_2013-14.pdf>
Parag Diwan and Prasoon Dwivedi (eds), Energy Conservation Measures in India, in Energy Conservation (2009)
Pradeep Chaturvedi and MP Narayanan, Energy Conservation Perspectives for India, in Strategy for Energy Conservation in India (Pradeep Chaturvedi and Shalini Joshi eds, 1st ed, Concept Publishing Company 1997)
The only solution to the conflict of interest over whether mass protectionism is permissible is law or the judiciary.
In conclusion, the laws enacted or enacted at the end of the above discussion should not be based on the absence of normative documents in the country, Energies come in many colors and there are many things that would be the right answer to give. . tradition. The answer can be found in important questions and useful answers, such as access to water and air, have legal protection if they are covered by law. Simply put, the same can be done according to the concept of sustainable development.
Literature review
Legal framework for solar and wind energy
Electricity Law, 2003
This Law was created in 2003 to regulate electricity.
It provides a framework for the development of the energy sector. The bill also addresses tariffs and quotas for certain renewable energy sources. Law refers to the law regarding the establishment, production, distribution, distribution and sale of companies. It also includes the distribution of cross-link licenses. Permission is required to purchase large quantities of renewable energy.
The law also deals with central and state authorities, such as the Electricity Regulatory Commission, and provisions have been made in the Electricity Law regarding appeals to the Court of Appeals (APTEL). However, if the issue is not resolved, an appeal can be made directly to the Supreme Court of India. The law also applies to disputes related to the solar industry.
National Renewable Energy Law, 2015
This Law was enacted in 2015 to promote renewable energy sources. The purpose of the bill is to promote the use of renewable energy, reduce dependence on fossil fuels, ensure energy security and reduce local and global pollution.
It aims to encourage leaders to tackle climate change and create a healthy and pollution-free environment. The use of renewable energy will reduce carbon dioxide, greenhouse gases and other pollutants. The bill also helps ensure that national and international targets for increasing renewable energy connectivity are met.
Sufficient energy is a necessity in today’s society. The National Electricity Plan under Section 3(4) of the Law requires the Central Electricity Authority (CEA) to prepare a national electricity plan every five years and revise it from time to time under the National Electricity Policy System.
Section 73(a) allows the development of short-term, forward-looking plans for energy use and controls the activities of various agencies designed to optimize the use of resources
Tariff Policy
, 2006
This policy is a proposal for Energy. To get better. The Purchase Obligation (RPO), which sets the minimum percentage for states to purchase electricity from renewable sources. It also offers special rates for the solar industry. The policy was created by the Ministry of Electricity in 2006 as a continuation of the 2005 National Electricity Policy. The percentage of electricity purchases related to the tax rate is determined by the State Electricity Regulatory Commission (SERC) from April 2006.
Comprehensive Energy Policy, 2006
This policy is a discussion that focuses specifically on the development of renewable energy and sets targets for building and increasing capacity.
The law covers a wide range of energy issues such as safety, access, affordability, availability, cost, efficiency and the environment. The main objective of the energy policy is to provide stable, efficient, effective and safe energy. The policy is established in Section 63 of the Energy Act for long-term electricity purchase from solar projects.
The main law governing India’s electricity is the Electricity Law, 2003 (Electricity Law).
Research Gap:
There is no legislation in India that addresses the environmental impact of electricity generation.
Goals
To find out whether the current legal system is compatible with the 17 Development Goals.
Hypotheses
Interaction between energy law and environmental law in India, environmental impacts of energy production and stability of infrastructure demand
Scientific Research
Research Type: Theoretical
Sample: Research theoretical4 million and Non-Theoretical Types: Snowball method will be used
Sample size: NA
Tools: Suggested
Research findings/results
A recent discussion of the relationship between India’s expansionary law and its provisions will be focused on because of the overlap between power generation and environmental concerns. It also addresses issues such as sustainable development, renewable energy (solar energy, bioenergy/biogas, hydropower) and the need to move away from fossil fuels.
Results/Discussion
The relationship between India’s energy development policy and current environmental policy, the importance of renewable energy and sustainable development, and energy and environmental policy in reaching the future.
Limitation
Limited availability of information: A limitation of the research literature is the lack of detailed and up-to-date information on specific topics. In this context, the availability and reliability of information on energy production, environmental impacts and policy implementation in India can be problematic.
Complex interaction of factors: The relationship between energy law and environmental law is often influenced by many factors such as economic considerations, politics and relations. Understanding and uncovering the complexity of these factors can be difficult and limit the depth of analysis of research data.
Limited availability of information: A limitation of the research literature is the lack of detailed and up-to-date information on specific topics.
In this context, the availability and reliability of information on energy production, environmental impacts and policy implementation in India can be problematic.
Complex interaction of factors: The relationship between energy law and environmental law is often influenced by many factors such as economic considerations, politics and relations. Understanding and uncovering the complexity of these factors can be difficult and limit the depth of analysis of research data.
Limited generalizability: The findings and results of the study may be specific to the Indian context and cannot be easily generalized to other countries or regions with different legal systems, bridge structure, energy and environmental issues.
WEBLIOGRAPHY:
- https://www.iea.org/policies/1590-integrated-energy-policy
- https://powermin.gov.in/en/content/national-electricity-policy
- http://www.nishithdesai.com/information/areas-of-service/industry/cleantech.html
- https://www.lexology.com/library/detail.aspx?g=303f205a-3f66-4d64-8bfd-c431a5950dbb
- https://elplaw.in/wp-content/uploads/2019/05/ELPs-Energy-Sector-Book.pdf
- https://mnre.gov.in/solar/current-status/
- https://www.seci.co.in/about/introduction
- https://isolaralliance.org/
- https://www.mondaq.com/india/renewables/711146/solar-power–a-practical-handbook
- https://solarify.in/blog/policies-regulations-solar-energy-india/
Author: Arjit Srivastav, school of law, G.D Goenka University
