Supreme Court Directs Power Ministry, Regulators to Formulate Joint Action Plan to Cut Power Sector Emissions

Supreme Court Directs Power Ministry, Regulators to Formulate Joint Action Plan to Cut Power Sector Emissions

In a major push toward environmental accountability, the Supreme Court of India has directed the Ministry of Power, the Central Electricity Authority (CEA), and other sectoral regulators to jointly develop a time-bound action plan aimed at reducing emissions from India’s power sector—one of the country’s largest contributors to air pollution and carbon emissions.

A bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia passed the directive in a public interest litigation (PIL) focused on air quality and environmental standards in thermal power plants. The court noted that existing emission norms are being delayed or diluted, and held that coordinated efforts between regulatory bodies are necessary to tackle the crisis.

 

The PIL, filed by environmental NGO 'In Re: Clean Air for Delhi & NCR', raised concerns over the continued non-compliance by thermal power plants with the emission norms notified by the Ministry of Environment, Forest and Climate Change (MoEFCC) in 2015, which had set strict limits for sulphur dioxide, nitrogen oxides, and particulate matter.

Despite several deadline extensions, multiple plants—especially those operated by state governments—have failed to install Flue Gas Desulfurization (FGD) units and adopt cleaner technologies.

 

The court expressed concern that while India has committed to emission targets under international climate agreements, domestic implementation remains weak and inconsistent.

“The power sector continues to operate with impunity, ignoring statutory obligations and technological feasibility,” the bench remarked.

“There is an urgent need for a coordinated and enforceable framework to ensure that emission reductions are not left to discretion or indefinite extensions.”

The court rejected the idea of individual action plans by power companies, directing that a centralised roadmap be prepared by the Ministry of Power, in consultation with CEA, CERC (Central Electricity Regulatory Commission), SERCs (State Electricity Regulatory Commissions), and pollution control authorities.

 

The court has granted 8 weeks for the preparation and submission of the joint action plan, which must include:

  • A list of non-compliant plants and their revised deadlines.

  • Emission reduction targets with monitoring mechanisms.

  • Penalties for non-compliance.

  • Technological and financial support options for state-run plants.

The next hearing is scheduled for October 2025, when the court will assess the adequacy and enforceability of the proposed plan.

 

India's power sector accounts for over 40% of total carbon dioxide emissions, largely due to its dependence on coal. The Supreme Court’s intervention could significantly accelerate the clean energy transition and reduce public health risks from air pollution, especially in urban and industrial zones.

The ruling also reinforces the judiciary’s role in enforcing climate accountability when executive compliance lags behind.

 

Case Title: In Re: Clean Air for Delhi & NCR

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