Supreme Court Directs Coordinated Action on Power Sector Emissions

Summary

In a significant development, the Supreme Court has ordered the Ministry of Power, the Central Electricity Authority (CEA), and the Central Electricity Regulatory Commission (CERC) to submit a joint affidavit within four weeks. This affidavit is required to and provide the short- and long-term legal carbon reduction framework and coordinated action plan to controlling emissions from power generation in India.

Timeline

• March 2017: Ridhima Pandey files PIL before NGT challenging inadequate response to climate change.
• 2019–2021: NGT decision appealed to Supreme Court; delayed on procedural grounds.
• 21 Feb 2025: Supreme Court acknowledges institutional silos and appoints amici curiae to map emissions regime.
• 5 Dec 2024: Advocates Jay Cheema and Sudhir Mishra appointed amici curiae.
• 22 July 2025: Apex Court orders joint action plan. CEA & CERC impleaded under Electricity Act, Sections 70 and 76
• Next hearing date: 19 August 2025.

Issue Raised

Whether continued growth in carbon emissions from the power generation sector is being effectively regulated, and whether systemic coordination among policymakers, regulators, and implementers is essential to address climate risk.

Arguments & Submissions

Petitioner (Ridhima Pandey)

• India’s response to climate change is inadequate and non-compliant with Paris Agreement obligations.
• Lack of climate-focused legal mandates and cohesive institutional strategy.
• Urgent need for a national climate recovery plan, “carbon budget”, and coordinated regulation of power emissions.

Respondent (Union, MoP)

• Emphasized India’s achievements: 36% reduction in emission intensity between 2005–2020, and current forest cover of 25.17%.
• Cited creation of 1 billion tonnes CO₂ equivalent carbon sink from 2005–2021.

Amici Curiae

• Submitted that power sector contributes ~8% to national carbon emissions and significantly fuels PM2.5 pollution in Delhi NCR.
• Highlighted that only 8% of thermal power units required to install Flue Gas Desulphurization (FGD) systems by 2026 have complied.
• Flagged recent rollbacks (July 2025 MoEFCC notification) that dilute emission norms from 2015.

Court’s Order

• Directed the Power Ministry, CEA, and CERC to meet and submit a joint affidavit within four weeks outlining the existing laws, regulations and a plan for emissions reduction.
• CEA and CERC were added as parties for the statutory functions of regulation and planning.
• There was a strong focus that policymakers and regulators need to harmonize because the plans drawn must be technically possible and regulatory sensible.

Analysis

This edict is a legal and institutional watershed— it shifts the locus of climate litigation from individual grievances to regulatory action at systemic levels.

• With the inclusion of CEA and CERC, the Supreme Court has brought CEA and CERC within the fold of the institutional framework regulating the power sector.
• The joint roadmap requirement is unprecedented in that it suggests a legally binding collaboration between multiple agencies to devise policies that meet climate targets.
• The judgment comes as India’s coal plants continue to dominate power generation and have low compliance with FGDs, which suggests that environmental governance is fragmented, as the judgment calls for integration of climate governance.

Also notable is the clash between inertia (e.g., extension of emission norms) and the legal framework anchored in public trust and constitutional obligations. The Court’s integrative outlook may allow the imposition of legally binding climate obligations while creating a primary jurisdiction precedent for inter-institutional collaboration.

What to Expect Next

The joint affidavit is due by late August 2025. The court is likely to review whether coordinated benchmarks—such as timelines for FGD deployment, thermal decommissioning, or carbon budgeting—are proposed by respondents. The next hearing date is 19 August 2025, where the Court will assess progress.