271. Climate-Positive Energy Governance

Introduction

Climate-positive energy governance refers to an approach to energy policy that aims not merely to reduce greenhouse-gas emissions but to create energy systems capable of producing net environmental benefits, such as carbon removal, ecosystem restoration, clean-energy expansion and improved climate resilience. It goes beyond conventional decarbonization by combining renewable energy, energy efficiency, carbon removal, ecological restoration and socially inclusive governance.

Constitutional Framework in India

The Indian Constitution contains several provisions relevant to climate-positive energy governance. Article 21 has been interpreted to include environmental protection and a dignified life. Article 48A directs the State to protect and improve the environment, while Article 51A(g) imposes a fundamental duty on citizens to protect the natural environment.

The Electricity Act, 2003, renewable-energy regulations and environmental legislation provide the statutory framework for implementing energy-transition policies.

Sustainable Development

Climate-positive governance requires energy decisions to balance economic development with environmental protection.

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

These principles provide a legal foundation for requiring energy policies to account for long-term environmental consequences.

Climate Considerations in Energy Projects

Energy projects should consider:

greenhouse-gas emissions;

lifecycle carbon impacts;

biodiversity;

water consumption;

land-use changes;

air pollution;

climate resilience; and

impacts on local communities.

In Hanuman Laxman Aroskar v. Union of India (2019), the Supreme Court stressed that environmental decision-making must involve careful consideration of relevant environmental information and proper application of mind.

Renewable Energy and Carbon Removal

Climate-positive energy systems may combine solar, wind, hydropower, green hydrogen, battery storage and carbon-removal technologies.

However, carbon-removal claims require reliable measurement and verification. A project should not be considered climate-positive merely because it purchases carbon credits without demonstrating genuine net environmental benefits.

Environmental Impact Assessment

The Environment (Protection) Act, 1986 and the EIA Notification, 2006 provide mechanisms for assessing environmental impacts of specified projects.

In Alembic Pharmaceuticals Ltd. v. Rohit Prajapati (2020), the Supreme Court emphasized the significance of prior environmental clearance and rejected routine reliance on post-facto environmental authorization.

The principle is relevant to climate-positive projects because environmental objectives do not remove the obligation to comply with environmental law.

Energy Justice

Climate-positive governance must also address affordability and access. A transition that substantially increases energy costs for vulnerable communities can create social difficulties.

The Electricity Act, 2003 contains consumer-oriented regulatory objectives, while constitutional equality under Article 14 requires public policies to avoid arbitrary discrimination.

Just Transition

Workers and communities dependent upon fossil-fuel industries may be affected by decarbonization. Climate-positive governance should therefore include:

worker retraining;

alternative employment;

regional economic diversification;

affordable electricity;

community participation; and

protection of vulnerable households.

Federalism and Cooperative Governance

Energy and environmental regulation involves both Union and State institutions. Electricity regulation is distributed through constitutional and statutory arrangements involving the Union Government, State Governments, CERC, SERCs and environmental authorities.

Effective climate governance therefore requires coordination between different levels of government.

Public Participation

Public participation improves the legitimacy and quality of environmental decisions.

In Orissa Mining Corporation v. Ministry of Environment & Forests (2013), the Supreme Court recognized the significance of community participation in decisions affecting protected community and environmental interests.

This principle can inform renewable-energy, transmission and carbon-removal projects affecting local communities.

Corporate Accountability

Companies developing climate-positive energy projects should disclose meaningful environmental information and avoid misleading sustainability claims.

Environmental claims should be supported by verifiable evidence concerning emissions reductions, carbon removal and lifecycle impacts.

Climate Litigation

Indian environmental jurisprudence increasingly provides mechanisms through which courts can review