AUTHOR: RITIKA VISHWAKARMA, DEEN DAYAL UPADHYAYA GORAKHPUR UNIVERSITY

Green energy, which is commonly known as renewable energy or a clean form of energy, comes from natural sources like wind, sunlight, and water. It doesn't harm nature or the environment like fossil fuels. It is considered the best solution for pollution and climate change.  The shift towards green energy has become urgent and necessary because of the alarming conditions of the environment worldwide.  In India, the base for transition towards green energy is backed by the constitution itself, like Article 21, 48 A, and 51 A(g). However, despite constitutional backing, policies on green energy face implementation challenges such as land disputes, legal gaps, conflict between the Union and states, etc. To ensure a clearer future, India needs to address these issues through better coordination between the Union and states, a strong policy and legal framework, and active public participation. This article aims to highlight the gaps between implementation challenges related to green energy. 

KEYWORDS :  Indian constitution , green energy, renewable energy , public policy and legal framework .

Green energy comes from natural sources like wind, sunlight, plants, and water, and doesn’t harm nature or the environment. 

It’s called "green" energy because the word green denotes nature, life, and sustainability in environmental sciences.   It is clean, renewable, and also environmentally friendly, which shows that this energy helps protect the Earth by not polluting it or using up limited resources like fossil fuels. 

On the other hand, Renewable means something that can be used again and again without running out. Green energy, also known as renewable energy, comes from sources like water, wind, and sun. Green energy is produced from renewable sources and has a very small impact on our environment. So, to protect Mother Nature from pollution and to ensure the supply of energy continuously, we should start using green energy for industrial as well as domestic purposes. To limit global warming and protect ecosystems by reducing CO2 emissions through energy efficiency and renewable Energy, Green Energy Technology is essential. 

To promote these technologies while fulfilling its international climate obligation under the Paris Agreement, and constitutional framework like Article 21, 48 A, and 51A g, indian government set up some rules, regulations,  and guidelines which aim to reduce reliance on fossil fuels and encourage sustainable energy. This is known as Green energy policies. 

Such policies are: 

1. The National Solar Mission which aims to scale up solar energy in India.

2. Green energy Corridor scheme- ensuring green energy across the country 

3. National green hydrogen mission,  PM-KUSUM and PM Surya Ghar. 

However, despite progressive policies, the implementation of green energy initiatives faces several legal challenges. This paper aims to analyse how legal and constitutional mandates are harnessed to overcome existing barriers.

India's commitment towards green energy faces several legal and policy implementation challenges, which lead to weak enforcement.  This article aims to address what legal challenges are related to the implementation of green energy and how the constitutional mandate behind the same works.

1. To examine the constitutional mandate on green energy. 

2. To identify legal challenges in implementing green energy policies. 

3. To analyze the gaps between the actual enforcement of policies and goals on green energy.

The research method used for this article is Doctrinal. It is based on an analysis of the Indian constitution on environmental law and policies on green energy, along with statutes like the Electricity Act, 2003. The study aims to understand the textual interpretation of policies and law.

RIGHT TO CLEAN ENVIRONMENT –

 Under Article 21 Indian courts interpreted the right to a clean and healthy environment which emphasizes a pollution-free environment. In the landmark case of SUBASH KUMAR VS BIHAR.  Supreme Court held that the Right to free air and water is a fundamental right under Article 21. This landmark judgement made an obligation to the state to take care of the environment in the pursuit of green energy

PROTECT AND IMPROVE THE ENVIRONMENT – 

Article 48 A (added by the 42nd amendment) obligates the state to protect and improve the environment, including forests and wildlife.  On the other hand, Article 51 A(g) imposes a fundamental duty on Indian citizens to take care of and protect the environment. 

However, these provisions are non justiciable in nature, but they form the constitutional backbone for judicial interpretation and policy formulation in India.  

ENVIRONMENT PROTECTION ACT,1986 – 

This is umbrella legislation on environmental protection, which is used to regulate industrial emissions in line with green energy policies.  

NATIONAL ELECTRICITY POLICY –

 it aims to encourage renewable energy or green energy into national grids and also establish a framework for electricity sector development with a focus on promoting green energy worldwide. 

NATIONAL RENEWABLE ENERGY ACT (NERA)- It creates a foundation for green energy targets and regulations and also aims to unify various renewable energy policies in India.

NO SINGLE LEGISLATION  -

 There is no comprehensive single legislation on green energy. The above-mentioned policies and laws primarily focus on tariff power generation, etc, but green energy remains unaddressed properly through strong legislation, which leads to weak enforcement of policies related to green energy.  

FEDERAL ISSUES- 

Energy comes under the subject of the concurrent list, Entry no.38 of List III, which means both state and centre can legislate over the same. However, it leads to conflicts between the center and state, such as land acquisition,  interstate transmission projects. 

ENVIRONMENTAL CLEARANCE AND ISSUES OF LAND ACQUISITION- 

Renewable or green energy projects, especially related to solar and wind, require a large area of land, which leads to several issues like violation of the Forest Rights Act 2006, resistance from local communities and tribal populations, and delays in environmental clearances. In the case of Orissa Mining Corporation v. Ministry of Environment and Forest (2013), the Supreme Court upheld the doctrine of public trust. While the state owns mineral resources, it should exercise them in the interest of the public only.

Environmental law has been shaped by the Indian judiciary in line with the Right to Clean and Healthy Environment.  The landmark case on environmental matters, which set strong precedents for the judiciary, is “M.C. Mehta v. Union of India” (1987). The Supreme Court ruled that the right to a clean and healthy environment is a fundamental right implicit under Article 21 of the Indian Constitution.

Another landmark case, Vellore Citizens Welfare Forum v. Union of India (1996), puts an obligation on the state to take proactive steps to prevent environmental harm. Both these landmark cases contributed to environmental protection as a constitutional duty.  

The constitutional backing to environmental policies gives a strong foundation, but the implementation of green energy faces numerous regulatory challenges.  India can accelerate its transition to green energy by strengthening the regulatory framework and addressing land acquisition, and improving bureaucracy efficiency. By these steps, India can harmonize centre and state-level policies to create a comprehensive framework for green energy.  

From a judicial point of view, environment-related matters or cases played a vital role in advancing environmental protection. The continued support of the judiciary is essential for green energy policies. 

1. M.C. Mehta v. Union of India, AIR 1987 SC 965(India)

2.  INDIA CONST. Art. 21 , Art. 48A.  

3. Ministry of New and Renewable Energy, National Solar Mission, https://mnre.gov.in (last visited May 5, 2025).

4.  The Electricity Act, No. 36 of 2003, India Code.

5.  Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India 98 (Oxford Univ. Press 2001).

6.  Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India, Oxford University Press, 2001.

7. Leelakrishnan, P., Environmental Law in India, LexisNexis, 2022.

8. Subhash Kumar v. State of Bihar, AIR 1991 SC 420 ( India)

9. Indian Council for Enviro-Legal Action v. Union of India, (1996) 3 SCC 212 (India)

10. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715 (India)