268. Carbon-Negative Electricity Systems

Introduction

A carbon-negative electricity system is an electricity system that removes more greenhouse gases from the atmosphere than it emits across a defined accounting boundary and period. It may combine renewable electricity with carbon capture and storage (CCS), bioenergy with carbon capture and storage (BECCS), direct air capture, afforestation or other carbon-removal measures. The concept creates important legal issues concerning environmental integrity, electricity regulation, carbon accounting, land and water use, liability and constitutional climate obligations.

Constitutional Framework in India

The Constitution does not expressly recognize a right to a carbon-negative electricity system. However, environmental and climate governance is supported by Articles 14 and 21, Article 48A and Article 51A(g).

In M.K. Ranjitsinh v. Union of India (2024), the Supreme Court recognized a constitutional right against the adverse effects of climate change, linking climate protection with Articles 14 and 21. This provides an important constitutional context for policies promoting low-carbon and carbon-removing electricity systems.

Sustainable Development

Carbon-negative electricity cannot be assessed solely by the amount of carbon removed. Projects may also affect biodiversity, water resources, forests and local communities.

In Vellore Citizens' Welfare Forum v. Union of India (1996), the Supreme Court recognized sustainable development, the precautionary principle and polluter-pays principle as important principles of Indian environmental law.

These principles can guide environmental assessment of biomass facilities, carbon-capture plants, pipelines, storage sites and renewable-energy infrastructure.

Electricity Regulation

The Electricity Act, 2003 provides the principal statutory framework for India's electricity sector. Carbon-negative generation would remain subject to applicable rules concerning generation, transmission, distribution, trading and grid connectivity.

Electricity regulators may also need to establish rules for recognizing carbon-removal attributes associated with electricity generation.

In PTC India Ltd. v. Central Electricity Regulatory Commission (2010), the Supreme Court considered the statutory powers of electricity regulators. The case demonstrates that new electricity-market mechanisms must operate within legally conferred regulatory authority.

Carbon Accounting and Verification

A central legal issue is whether claimed carbon removals are real, additional, measurable and durable. Incorrect accounting can result in greenwashing or double counting.

A carbon-negative electricity framework should therefore require:

transparent emissions accounting;

independent verification;

monitoring and reporting;

clear treatment of lifecycle emissions;

rules concerning permanence and reversal; and

safeguards against double counting.

Public Trust and Natural Resources

Carbon-removal projects may require significant land, forests and water.

In M.C. Mehta v. Kamal Nath (1997), the Supreme Court recognized the public trust doctrine, under which certain natural resources are held by the State for public benefit.

This principle is relevant where public land, forests or water resources are allocated for carbon-removal infrastructure.

Forest-Based Carbon Removal

Afforestation and forest restoration can contribute to carbon removal, but carbon accounting must distinguish between temporary sequestration and permanent removal.

The extensive forest jurisprudence developed in T.N. Godavarman Thirumulpad v. Union of India demonstrates the importance of maintaining forest ecosystems and complying with forest-protection requirements.

Environmental Liability

Carbon capture and storage can involve risks such as leakage, contamination or infrastructure failure. Clear liability rules should determine responsibility for monitoring, remediation and environmental damage.

The polluter-pays principle, recognized in Indian environmental jurisprudence, can inform such liability frameworks.

Energy Justice

Carbon-negative projects should not impose disproportionate environmental burdens on particular communities. Large biomass or carbon-removal projects may require land and affect local livelihoods.

Article 14 and environmental jurisprudence therefore support consideration of equitable distribution, public participation and protection of vulnerable communities.

Future Regulation

Future legislation may establish a dedicated framework for carbon-negative electricity covering carbon-removal certification, grid treatment, environmental approval, storage-site regulation, liability, monitoring, verification and public disclosure.

Integration with renewable-energy markets and carbon-credit mechanisms will also require coordination between electricity and environmental regulators.

Conclusion

Carbon-negative electricity systems could combine electricity generation with measurable atmospheric carbon removal, but their legal governance requires careful attention to carbon accounting, environmental integrity, resource use, electricity regulation and constitutional climate principles. M.K. Ranjitsinh, Vellore Citizens' Welfare Forum, PTC India, M.C. Mehta v. Kamal Nath and T.N. Godavarman provide relevant principles concerning climate protection, sustainable development, regulatory authority, public resources and environmental conservation. A credible legal framework should ensure that carbon-negative claims are scientifically verifiable, environmentally sustainable, transparent and accountable, while protecting constitutional and community interests.