SUPREME COURT INSTRUCTS POWER MINISTRY AND REGULATORS TO FORMULATE UNIFIED STRATEGY TO CUT POWER SECTOR EMISSIONS:

On July 22, 2025, the Supreme Court of India directed the Ministry of Power to hold a joint meeting with the Central Electricity Authority (CEA) and the Central Electricity Regulatory Commission (CERC) to formulate a coordinated action plan for reducing carbon emissions from the power generation sector. The Court mandated that a joint affidavit be submitted within four weeks, outlining the existing legal framework and proposed measures to address emissions. The directive was issued by a bench comprising Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar in a public interest litigation filed by 11-year-old climate activist Ridhima Pandey, challenging the Government of India’s climate change response.

In its order, the Court stressed the need for all relevant stakeholders to collaborate in creating and implementing a consistent and comprehensive plan. It emphasized that effective emissions reduction in the power sector requires the coordinated efforts of power generators, regulators, policymakers, and executing authorities. The Court remarked that such coordination is vital for achieving both short-term and long-term environmental goals. It also underscored the necessity of aligning policy decisions with on-the-ground realities and regulatory challenges.

The petition, originally filed before the National Green Tribunal in 2017 and dismissed in 2019, was revived before the Supreme Court in 2021. It raises concerns over the approval of carbon-intensive infrastructure projects without adequate climate impact assessments and demands a national climate recovery plan and a carbon budget to control emissions until 2050. In previous hearings, the Court had appointed Advocates Jay Cheema and Sudhir Mishra as Amici Curiae and instructed the Union Government to compile and submit relevant rules governing carbon emissions.

Earlier, in a February 2025 order, the Court recognized climate change as an existential global crisis, noting its impact extends far beyond environmental degradation. It cited rising temperatures, erratic weather patterns, and extreme climate events such as floods, droughts, and heatwaves as serious threats to public health, food security, and economic stability. The Court also identified institutional shortcomings, stating that various ministries tasked with environmental governance function in silos, leading to a lack of coordination. It highlighted that pollution control boards suffer from financial and staffing shortages and lack access to real-time data, which undermines enforcement.

During the July 22 hearing, the Amici Curiae submitted detailed reports indicating that power generation contributes around 8% of carbon emissions. They cited studies by the CEA showing that many coal-fired thermal power plants located within 300 km of the National Capital Region (NCR) had not complied with prescribed emission standards between April 2022 and August 2023. These plants reportedly contribute nearly 8% of Delhi’s PM2.5 pollution. Another report by the Centre for Research on Energy and Clean Air (CREA) revealed that these plants emit significantly more sulphur dioxide than stubble burning.

The Amici noted that while Indian coal contains low sulphur content (0.7% or less), nearly all of it converts into sulphur dioxide and trioxide during combustion. They highlighted the availability of emission control technologies such as Flue Gas Desulphurization (FGD) systems and Electrostatic Precipitators (ESP), but informed the Court that only 8% of the 540 thermal power units mandated to install FGDs by 2026 had done so. The Ministry of Environment, Forest and Climate Change (MoEF\&CC) had issued its fourth extension of the FGD deadline on December 30, 2024.

The Court had previously expressed concern over repeated delays, warning in January 2025 that such leniency could worsen air quality in Delhi. The Amici further raised alarms about a new MoEF\&CC notification issued on July 11, 2025, which allegedly diluted the 2015 emission norms.

In its affidavit, the Ministry of Power claimed that India’s emission intensity of GDP dropped by 36% between 2005 and 2020. It also stated that forest and tree cover now spans 25.17% of India’s total geographical area and that an additional carbon sink of one billion tonnes of CO₂ equivalent was created between 2005 and 2021.

The Court reiterated that tackling emissions from power generation demands a systematic and collaborative effort. The matter is scheduled for the next hearing on August 19, 2025.