JAMIA MILLIA ISLAMIA

Faculty of law

Project

Energy Laws
ENVIRONMENT LAW

Submitted to: Dr. Ghulam Yazdani

Submitted by: Shashank Shekhar

BA.LLB (Regular) 6th Semester

Batch: 2017 - 2022

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 ACKNOWLEDGEMENT

With great pleasure and privilege, I present here with full satisfaction, my project work titled

Energy Laws
First, I express my sincere and heartfelt thanks to Almighty God for his blessings to complete my
project work successfully.

I wish to acknowledge my profound gratitude to our Vice Chancellor Dr. Najma Akhtar and our
Dean for his valuable support and guidance. I thank our Librarian for the help he rendered for
the successful completion of this project. I also wish to express my indebtedness to all my
teachers for their guidance for the successful completion of my project. Lastly I would like to
thank Dr. Ghulam Yazdani for her guidance in completing this project.

Words are inadequate to express my thankfulness to my parents and friends whose moral
support and co-operation enabled me to complete this project.

I once again express my gratitude to all those who have enabled me to complete this report.

X
Shashank Shekhar
Student, Jamia Millia Islamia

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 1. INTRODUCTION

Rapidly increasing energy demand and growing concern about economic and environmental
consequences call for effective and thorough energy governance in India. To understand the
dynamics of the energy policy framework governing India’s energy sector, it is essential to
comprehend the policy objectives and context in which they are placed. Three main energy
policy objectives are pursued by the Indian government: First, access to energy is the foremost
goal in India’s energy policy making, as nearly one-quarter of the population lacks access to
electricity. This implies ensuring the supply of adequate and reliable energy to the Indian
population amid growing energy demand, bolstered by economic growth. Second, energy
security is driven by increasing dependence on imported fuels, which is crucial to meet the
India’s huge energy demand. Increased import dependence also exposes the country to greater
geopolitical risks and international price volatility. Finally, India is dedicated to the mitigation of
climate change, although overcoming energy poverty and ensuring economic and social
development remains a top priority. 1
Fulfilling all three objectives is not an easy task, as they can stand in conflict with one another.
For example, supplying an affordable and considerable amount of energy using low-cost energy
fuels, primarily coal, potentially undermines efforts to tackle climate change and local pollution.
Pursuing the utilisation of domestic resources and promoting indigenous energy technologies
could help enhance energy security in the long term, but does not solve India’s energy problems
in the short term. 2

1
Sun-JooAhn and Dagmar Graczyk, Understanding Energy Challenges in India available at
https://www.iea.org/publications/freepublications/publication/India_study_FINAL_WEB.pdf

2
Dilip Ahuja and Marika Tatsutani, « Sustainable energy for developing countries », S.A.P.I.EN.S [Online], 2.1 |
2009, Online since 27 November 2009, connection on 18 March 2020. URL : http://sapiens.revues.org/823

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 2. NATIONAL ENERGY POLICY OF INDIA

Overthe years, the energy policy has clearly demarcated between commercial energy and non
commercial energy. Under commercial energy, it recognises coal, oil and natural gas, hydro-
electric power, nuclear fuels. Forest resource, vegetable waste, solar energy, geothermal energy,
wind energy, tidal energy are recognised as non-commercial energy sources. It further recognises
the trend of commercial fuels gaining dominance over non commercial fuels as the focus of
Indian economy is on industrialisation and efficient mode of production. This trend is determined
by three factors namely, substitution of non-commercial forms, increase in intensity of use of
energy; increased level of activity. 3
The Indian government as a whole plays an indispensable role in the energy sector through
stateownedenterprises, public policy and market regulation, indirect guidance and personal
networks.
To grasp the intertwined dynamics in India’s energy policy framework, comprehending not
onlythe individual role of each ministry and government agency but also their interaction and
coordinationwith other energy players is essential. Furthermore, some of the main ideas
andthemes that drive energy policy discourse in India should be taken into consideration.
Thissection provides India’s energy policy context, institutional arrangements and key
overarchingpolicies for better understanding of the country’s energy sector.

3.1 Policy objectives

There are three major policy objectives that India pursues: energy access, energy security
andmitigation of climate change. All three objectives are closely related, but sometimes conflict
with one another and are derived from the reality in India. Thus, it is challenging for India to
maintaina balanced approach in pursuit of all three objectives. 4

3.1.1 Energy access

3
For details kindly see; http://rajputms.in/rajputms/content/members_articles/rpsingh.htm also see;
http://www.economicsdiscussion.net/notes/conventional-and-non-conventional-sources-of-energy/2177

4
Supra note 1

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Nearly one-quarter of the population of India lacks access to electricity. It is important to
understandthis peculiarity of India’s energy situation where the majority of potential energy
demand stillremains unmet, unlike most developed countries where energy demand has reached
or is closeto saturation stage. The Indian government recognized that economic development is
beinghindered as a consequence of energy poverty. Thus, providing energy access to its entire
populationhas been a top priority of Indian policy makers for a long time, making it equally or
even moreimportant than energy security. India’s major rural electrification scheme is an
example of thegovernment’s determination to expand access to electricity in India’s rural
villages.

3.1.2 Energy security

Energy security takes a central position in government policy making. The emphasis of
energypolicy until the 1990s was on electricity shortage and unsatisfied energy needs.
However,increasing dependence on imported energy sources, mainly oil, but also natural gas and
coal,resulted in greater government attention to the subject. Energy security is defined
comprehensivelyin India, as “we are energy secure when we can supply lifeline energy to all our
citizens irrespectiveof their ability to pay for it as well as meet their effective demand for safe
and convenient energyto satisfy their various needs at competitive prices, at all times and with a
prescribed confidencelevel considering shocks and disruptions that can be reasonably expected”.
From this definition, India’s concern for energy security is threefold: First, India asserts that
energyis a lifeline to all citizens, which should be factored into its energy security strategy.
Second, Indiais anxious about sudden increases in global energy prices as they undermine the
availability ofenergy to its people and exacerbate the national financial burden. Finally, there is a
concernabout possible abrupt supply disruption, which has led to efforts to diversify supply and
fuel andacquire overseas assets.5

3.1.3 Climate change

5
For a comprehensive discussion kindly see; http://www.indiaenergy.gov.in/publication.php

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There is well-accepted recognition of the impacts of climate change among Indian policy
makersand the general public, although priority is given to economic and social development.
India is asignatory to the United Nations Framework Convention on Climate Change (UNFCC),
but is not
obliged to contain its carbon emissions as an Annex II country. Regarding international attempts
to establish an internationally-binding regime to curb carbon emissions, India finds it
unacceptable,stating that most emissions were produced by developed countries and that India
needseconomic development and industrialisation. India’s per-capita emissions are only one-
third of theworld average and 14% of per-capita emissions of OECD member countries. India
took a leadingrole in the G77 during the COP 15 in 2009, denouncing any attempt by
industrialised countries toimpose carbon reduction targets on developing countries.That said,
India is increasingly engaged in reducing carbon emissions and alleviating
environmentaldegradation. India announced its National Action Plan on Climate Change in
2008, and during COP15in Copenhagen in 2009, India’s environment minister reconfirmed
India’s goal to reduce carbonemissions per unit of GDP by 20% to 25% below 2005 levels by
2020. Frequent flooding and droughts,deforestation and desertification as well as possible glacial
melting in the Himalayas have focusedon climate change and provide strong impetus towards
India’s transition to a low-carbon economy.

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 Institutional Structure of Energy Administration in India

Govt of India

Niti Ayog

Empowered Group of
Ministers

Ministry of Ministry of Ministry of New Ministry of Department of

Power Petroleum and and Renewable Coal Atomic Energy
Natural Gas Energy

- 06 PSUs -15 PSUs -Indian Renewable -3 PSUs -5 PSUs

- Central Electricity -Directorate General of
Energy - Several
Authority Hydrocarbon Development research
- Bureau of Energy -Petroleum Planning and
Agency institutes
Efficiency Analysis Cell
-Petroleum
-Several Research
Conservation
Research Association Institutes
Ministry of New and Renewable Energy has formulated various policies. These policies are as
follows:6
 Ministry releases the Policy for Repowering of the Wind Power Projects
 National Offshore Wind Energy Policy
 Strategic Plan for New and Renewable Energy Sector for the period of 2011-2017
 National Policy on Bio-fuels

6
Available at http://mnre.gov.in/information/policies-2/

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 3. LEGAL FRAMEWORK ON ENERGY
The increasing preference of commercial energy has led to considerable spurt in the
demand for electricity and fossil fuels. There is enormous potential for reducing energy
consumption by adopting energy efficiency measures in various sectors.

4.1 Energy Conservation Act, 2001 7

The Energy Conservation Act 2001 is a statutory measure to regulate the energy
efficiency and conservation due to an increase in the demand for electricity and fossil fuel
and an increasing dependence on commercial energy. The Act tries to promote energy
efficiency in the commercial sector, which is the largest user of energy. This Act
proposes to provide for a bureau by merging Energy Management Centre to effectively
co-ordinate with designated consumers and agencies for performing such functions and
exercise such powers which may be necessary for efficient use of enrgy and its
conservation. Further, the Act confers power upon the Central Government and the state
government for enforcing the provisions of the legislation; establish a fund called the
Energy Conservation Fund separately by the Central Government and the state
government. The Act clearly states the objective of ‘providing for efficient use of energy
and its conservation and for matters connected therewith or incidental thereof’, where
energy is defined as any form of energy derived from fossil fuels, nuclear substances or
materials, hydro electricity and includes electrical energy or electricity generated from
renewable sources of energy or bio mass connected to the grid. The Act mainly refers to-
 Created Bureau of Energy Efficiency
 Appliance standards and labeling
 Energy consumption norms, and energy-use reporting requirements for energy-
intensive industrial units
 Energy Conservation Building Code for commercial buildings
 Certified Energy Managers and auditors

7
Full text of the Act can be accessed at http://powermin.nic.in/sites/default/files/uploads/ecact2001.pdf

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 4.2 National Action Plan for Climate Change, 20088

The Action Plan was released on 30th June 2008. It effectively pulls together a number of
the government’s existing national plans on water, renewable energy, energy efficiency
agriculture and others – bundled with additional ones – into a set of eight missions. The
Prime Minister’s Council on Climate Change is in charge of the overall implementation
of the plan. The plan document elaborates on a unique approach to reduce the stress of
climate change and uses the poverty-growth linkage to make its point. Emphasizing the
overriding priority of maintaining high economic growth rates to raise living standards,
the plan “identifies measures that promote development objectives while also yielding
co-benefits for addressing climate change effectively.” It says these national measures
would be more successful with assistance from developed countries, and pledges that
India’s per capita greenhouse gas emissions “will at no point exceed that of developed
countries even as we pursue our development objectives.”9
The action plan outlines a number of steps to simultaneously advance India's
development and climate change-related objectives. The National Action Plan on Climate
Change (NAPCC) encompasses a range of measures. It focuses on eight missions, which
are as follows:
 National Solar Mission: The NAPCC aims to promote the development and use
of solar energy for power generation and other uses, with the ultimate objective of
making solar competitive with fossil-based energy options. It also includes the
establishment of a solar research center, increased international collaboration on
technology development, strengthening of domestic manufacturing capacity, and
increased government funding and international support.
 National Mission for Enhanced Energy Efficiency: The NAPCC recommends
mandating specific energy consumption decreases in large energy-consuming
industries, with a system for companies to trade energy-saving certificates,
financing for public–private partnerships to reduce energy consumption through

8
Full text of the Action Plan is available at http://www.moef.nic.in/downloads/home/Pg01-52.pdf
9
For details kindly see;
http://www.arthapedia.in/index.php?title=National_Action_Plan_on_Climate_Change_(NAPCC)

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 demand-side management programs in the municipal, buildings, and agricultural
sectors, and energy incentives, including reduced taxes on energy-efficient
appliances.
 National Mission on Sustainable Habitat: The NAPCC also aims at promoting
energy efficiency as a core component of urban planning by extending the
existing Energy Conservation Building Code, strengthening the enforcement of
automotive fuel economy standards, and using pricing measures to encourage the
purchase of efficient vehicles and incentives for the use of public transportation.
The NAPCC also emphasizes on waste management and recycling.
 National Water Mission: The NAPCC sets a goal of a 20% improvement in
water use efficiency through pricing and other measures to deal with water
scarcity as a result of climate change.
 National Mission for Sustaining the Himalayan Ecosystem: This particular
mission sets the goal to prevent melting of the Himalayan glaciers and to protect
biodiversity in the Himalayan region.
 Green India Mission: The NAPCC also aims at afforestation of 6 million
hectares of degraded forest lands and expanding forest cover from 23 to 33% of
India's territory.
 National Mission for Sustainable Agriculture: The NAPCC aims to support
climate adaptation in agriculture through the development of climate-resilient
crops, expansion of weather insurance mechanisms, and agricultural practices.
 National Mission on Strategic Knowledge for Climate Change: To gain a
better understanding of climate science, impacts, and challenges, the plan
envisions a new Climate Science Research Fund, improved climate modeling, and
increased international collaboration. It also encourages private sector initiatives
to develop adaptation and mitigation technologies through venture capital funds.

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 3.3 The Electricity Act, 200310

Preamble of the Act says “An Act to consolidate the laws relating to generation,
transmission, distribution, trading and use of electricity and generally for taking measures
conducive to development of electricity industry, promoting competition therein,
protecting interest of consumers and supply of electricity to all areas, rationalization of
electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient
and environmentally benign policies, constitution of Central Electricity Authority,
Regulatory Commissions and establishment of Appellate Tribunal and for matters
connected therewith or incidental thereto.”
Until now, all renewable energy activities in India have been carried under what is known
as the Electricity Act 2003. While it played a tremendous role in transforming the Indian
power sector, it was set in a different era, at a time when renewable energy was not so
prominent.The introduction of Electricity Act had allowed for easier generation,
transmission, and distribution of centralized non-intermittent sources of power. At the
time of its launch, concepts of two-way flow of electricity, distributed small-scale rooftop
solar systems, etc. were not really important at a national level in India 11. In this wake
Electricity Act 2003 was further amended in 2003 and 2007. Electricity (amendment)bill
2014 was introduced in the Lok Sabha to meet the renewable energy needs. The Bill
requires the presence of a government company as a supply licensee in an area of supply.
This may affect competition. Currently, state distribution companies often keep tariffs
lower than the cost of electricity. If this behaviour by a government owned supply
licensee continues, it may drive out other supply licensees. This could defeat the
objective of increasing competition.

The Bill states that all revenue deficits in the electricity sector prior to the enforcement of
the Bill will be recovered. The deficits were a result of several factors such as: (i) state
distribution companies not revising tariffs in a timely manner, (ii) an inefficient tariff
structure and cross-subsidisation by high paying consumers, and (iii) high aggregate

10
Available at http://aptel.gov.in/pdf/The%20Electricity%20Act_2003.pdf
11
Anand Upadhyay, India To Formulate A “Renewable Energy Act” To Attract More Capital, available at
http://cleantechnica.com/2014/11/03/india-formulate-renewable-energy-act-attract-capital/

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 technical and commercial losses because of low investment, theft, pilferage, lack of
metering and poor billing systems. Some of these issues could be addressed by the new
scheme “UDAY”. 12Becoming a provider of last resort (POLR) may have financial
implications on a supply licensee. However, the Bill does not envisage any financial
support for these supply licensees. Some other countries provide financial support for a
POLR.

4.4 The Coal Mines (Conservation and Development) Act 1974

The Act directs the owners of the coal mines to conserve coal.Besides this, the Act
provides for imposition of excise duty and customs duty. Under the Act, the central
government has the power to levy and collect excise duty on all coal raised and
dispatched and on all coke manufactured and dispatched. Different rates of duty may be
levied on different grades or description of coal or coke. As per the Act, this excise duty
should not exceed Rs 10 per tonne. The Coal Mines (Conservation and Development)
Amendment Bill, 2012 was introduced in the Lok Sabha on November 22, 2012. The Bill
amends the amount of excise duty that can be imposed at a maximum of Rs 50 per
tonne. 13

The coal industry was nationalized between 1971 and 1973. The rationale given for
nationalizationwas that the private operators were unable to modernize and increase
production to meet nationaldemand and meet norms related to working conditions,
payment of wages, health, safety etc. Theproblems were reported despite the presence of
the then existing legal and regulatory authorities likeChief Inspector of Mines, Coal
Board, and Coal Mines Welfare Organization. However, after around40 years of
nationalization, the country is still confronted with the problems of widening
demandsupplygap, deteriorating quality, and inefficiencies in production. The socio-
environmentalconditions around mining continue to deteriorate and the reasons stem

12
Detailed outline of the bill is available at
http://www.prsindia.org/uploads/media/Electricity/Electricity%20Brief%202014.pdf
13
Amendment bill available at
http://www.prsindia.org/uploads/media/Coal%20Mines/Coal%20mines%20amendment%202012.pdf

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 from ineffective enforcements,inadequate capacity of regulatory bodies, flaws in
institutional structure, information deficits, etc. Theonly exception is with regard to
working conditions in mines and welfare of workers, which haveimproved considerably
post nationalization.14

4.5 The Mines and Minerals (Development and Regulation) Act, 1957

The Mines and Minerals (Development and Regulation) Act, 1957 regulates the mining
sector in India and specifies the requirement for obtaining and granting mining leases for
mining operations.The Mines and Minerals (Development and Regulation) Amendment
Bill, 2015 was introduced in Lok Sabha on February 24, 2015. The Bill amends the
Mines and Minerals (Development and Regulation) Act, 1957. The Bill creates a new
category of mining license i.e. the prospecting license-cum-mining lease, which is a two
stage-concession for the purpose of undertaking prospecting operations (exploring or
proving mineral deposits), followed by mining operations. Maximum area for mining:
Under the Act, a person could acquire one mining lease for a maximum area of 10 sq
km. However, for the development of any mineral, the central government could permit
the person to acquire one or more licenses or leases covering additional area. The Bill
amends this provision to allow the central government to increase the area limits for
mining, instead of providing additional leases.

In the past few years, various reforms have been initiated in the minerals sector, which
have bearingon governance in coal mining. These reforms have been the result of various
national andinternational pressures. National pressures include the need for greater
exploration information;transparent allocation of resource revenue; and compensation for
socio-environment externalitiescreated by mining. Internationally, there was a need for
India to make credible commitments to theworld with regard to bringing transparency in
approvals, removing regulatory hurdles, and creatingincentives for increased investments
in the sector.

14
Arpita Asha Khanna, Governance in Coal Mining: Issues and Challenges, available at
http://www.teriin.org/projects/nfa/pdf/nfa-WkP9-coal-governance.pdf

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4.6 The Mines Act 195215

The Mines Act, 1952 came into force on 1st July, 1952. Mines Act, 1952 consists of 88
sections divided into 10 chapters. The said Act came into existence solely for the safety
and health and welfare of workers working in the mines. The Act however, defines as to
what is a mine. As per clause (j) of section 2 of the Act, mine means the place where any
excavation work is carried on for the searching and obtaining of minerals. Minerals as per
clause (jj) of section 2 means those substances which can be obtained from the earth by
means of digging, dredging, drilling, mining or through other operations. Minerals as per
this clause also include mineral oils which mean natural gas and petroleum.

4.7 Draft Renewable Energy Act 2015 (Pending)

In October 2014, the Ministry of New and Renewable Energy (MNRE) had constituted
an Expert Committee to provide a draft Renewable Energy Act. The Committee met on 7
November 2014, and decided to constitute a sub-group to “collate the suggestions and
propose a draft Act”. The sub-group has prepared a draft Renewable Energy Act for
India. It broadly proposes provisions for institutional structure, supportive eco – system,
economic and financial framework, constitution and operation of national and state level
funds to support achieving of the objectives of the Act and renewable energy
applications including distributed and grid connected renewable electricity.

Over the last decade, renewable energy in India has witnessed mixed growth. While solar
has grown rapidly in the recent years, wind energy capacity additions have suffered some
setbacks or plateaued at best. Biomass and small hydro have, on the other hand, not seen
much action. A major reason for this has reportedly been the lack of a focused renewable
energy policy, and expectedly, this has hindered the flow of capital. The solar sector
alone requires an investment of $40 billion, while it has been getting a mere $6 billion.

The proposed Renewable Energy Act will not only help in streamlining many aspects of
renewable energy, like power generation, supply and tariff, grid usage, etc., but also help

15
Full text of the Act available at http://www.labour.nic.in/sites/default/files/TheMinesAct1952.pdf

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 attract much-required capital investment. It would boost investors confidence by
presenting a vision rather than just targets which are set in a project mode.India already
allows 100% Foreign Direct Investment under the automatic route (does not require
prior approval) for investments in renewable energy. So the arrival of the Act should act
like a catalyst for flow of capital in India. 16

4. INTERNATIONAL MEASURES ON ENERGY

5.1 Brudtland Report
Our Common Future, also known as the Brundtland Report, from the United Nations
World Commission on Environment and Development (WCED) was published in 1987.

Its targets were multilateralism and interdependence of nations in the search for a
sustainable development path.17 The report sought to recapture the spirit of the
Stockholm Conference - which had introduced environmental concerns to the formal
political development sphere.
Chapter 7 of the report titled as “Energy: Choices for Environment and Development”
deals with energy use/conservation and protection practices across the globe. It talks
about fossil fuels, nuclear energy, wind energy etc. The report says that energy
efficiency should be the cutting edge of national energy policies for sustainable
development. The report after a detailed analysis of the energy consumption and
conservation practices concludes as:
“114. It is clear that a low energy path is the best way towards a sustainable
future. But given efficient and productive primary energy, this need not mean a
shortage of essential energy services. Within the next 50 years, nations have the
opportunity to produce the same levels of energy services with a little as half the
primary supply currently consumed. This requires profound structural change in
socio-economic and institutional arrangements and is an important challenge

16
For details kindly see http://mnre.gov.in/file-manager/UserFiles/dra2015-comments.html
17
For details kindly see;
https://www.ipcc.ch/pdf/specialreports/srren/Chapter%209%20Renewable%20Energy%20in%20the%20Context%2
0of%20Sustainable%20Development.pdf

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 115. More importantly, it will buy the time needed to mount major programmes
on sustainable forms of renewable energy and so begin the transition to a safer,
more sustainable energy era. The development of renewable sources will depend
in part on a rational approach to energy pricing to secure a stable matrix for such
progress. Both the routine practice of efficient energy use and the development of
renewable will help take pressure off traditional fuels, which are most needed to
enable developing countries to realize their growth potential worldwide.

116. Energy is not so much a single product as a mix of products and services, a
mix upon which the welfare of individuals, the sustainable development of
nations, and the life-supporting capabilities of the global ecosystem depend. In the
past, this mix has been allowed to flow together haphazardly; the proportions
dictated by short-term pressures on and short-term goals of governments,
institutions, and companies. Energy is too important for its development to
continue in such a random manner. A safe, environmentally sound, and
economically viable energy pathway that will sustain human progress into the
distant future is clearly imperative. It is also possible. But it will require new
dimensions of political will and institutional cooperation to achieve it.”18

5.2 Commission on Sustainable Development

The United Nations Commission on Sustainable Development (CSD) was
established by the UN General Assembly in December 1992 to ensure effective follow-up
of United Nations Conference on Environment and Development (UNCED), also known
as the Earth Summit. From its inception, the CSD was highly participatory in structure
and outlook, by engaging in its formal proceedings a wide range of official stakeholders
and partners through innovative formulae.At the United Nations Conference on
Sustainable Development (Rio+20), Member States agreed to establish a high level

18
For details kindly see; http://www.un-documents.net/our-common-future.pdf

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 political forum that will subsequently replace the Commission on Sustainable
Development.19
The 9th Session of the CSD, held 16–27 April 2001 inNew York, was the first
time energy was addressed in anintegrated way within the United Nations system. The
commission noted that energy is central to achieving the goal of sustainable development.
In this session commission has identified few key issues and discussed their challenges
and recommended various measures.
Theconclusions of CSD9 are particularly important becausethey formed much of the
basis for WSSD negotiations,and even the final text of the Johannesburg Plan
ofImplementation (JPOI). Leading up to CSD9, the UNSecretary General prepared
background documents onenergy and transport, including possible actions
andrecommendations. The conclusionsand recommendations from CSD9 on energy were
organised both by subsectoral issues (access to energy,energy efficiency, renewable
energy, rural energy,advanced fossil energy, nuclear energy, energy andtransport) and
cross-cutting issues (research and development, capacity building, technology transfer,
informationsharing and access, mobilising finance, marketreforms—including removing
harmful subsidies—andparticipation).
4.3 World Summit on Sustainable Development
The main goal of the WSSD was to agree on ways and actions to combat povertyand
promote sustainable development around the world, with particular attentionto the South.
Although much was discussed,the accomplishments were limited when itcame to
decisions and agreements towardsaction. However, the discussions on the fivethematic
issues (Water, Energy, Health,Agriculture, and Biodiversity) were of greatimportance as
these offered a uniqueopportunity for the exchange of ideas andexperiences between
members ofgovernmental and non-governmentalorganisations from all over the world.
Theinclusion of sustainable energy markedsignificant progress since the Earth
Summitheld ten years earlier in Rio de Janeiro,Brazil, where it was inexplicably not on
theagenda.

19
For details kindly see; https://sustainabledevelopment.un.org/csd.html

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 5.4 International Renewable Energy Conference20
International Renewable Energy Conference is a meeting of senior-level representatives
from the Executive and Legislative branches of government at the national and sub-
national level, international organizations, the finance and business community, and civil
society who are working to advance the integration of renewable energy in their
countries.nitiated at the renewables2004 conference in Bonn, IREC is a high-level
political conference series dedicated to renewable energy policy worldwide. Dedicated
exclusively to the renewable energy sector, IRECs are hosted by alternate Governments
every two years and convened by REN21. One of the major accomplishments of the 2002
World Summit on Sustainable Development (WSSD) in Johannesburg, South Africa, was
the recognition that renewable energy is a critical component of sustainable development,
energy security, climate change, and air quality. 21
The Bonn Renewable Energy Conference in 2004 was the inaugural, government-hosted
international conference on renewable energy. 154 countries attended the Bonn
Conference, which produced 3 outcomes:

 A Political Declaration containing shared political goals for an increased role of

renewable energies and reflecting a joint vision of a sustainable energy future that
provides better and more equitable access to energy as well as increased energy
efficiency.
 An International Action Program of voluntary commitments to goals, targets, and
actions within their own spheres of responsibility from governments, international
organizations, and other stakeholders.
 Policy Recommendations for Renewable Energies that can be of benefit to
governments, international organizations, and stakeholders as they develop new
approaches and political strategies and address the roles and responsibilities of
key actors.

20
For details kindly explore the website http://irec-conference.com/
21
Deploying Renewables 2011 (2011) by the International Energy Agency available for download at
https://www.iea.org/publications/freepublications/publication/Deploying_Renewables2011.pdf

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The Delhi International Renewable Energy Conference (DIREC 2010) took place from 27-29
October 2010, in New Delhi, India. It was the 4th IREC conference since the “renewables2004”
in Bonn, Beijing 2005 and Washington 2008, and it continues to be the highest level political
conference series dedicated to renewable energy policy worldwide.

5.5 The Energy Charter Treaty 22

The Energy Charter Treaty provides a multilateral framework for energy cooperation that is
unique under international law. It is designed to promote energy security through the operation
of more open and competitive energy markets, while respecting the principles of sustainable
development and sovereignty over energy resources.The Energy Charter Treaty was signed in
December 1994 and entered into legal force in April 1998.

The Treaty's provisions focus on four broad areas:

 the protection of foreign investments, based on the extension of national treatment, or

most-favoured nation treatment (whichever is more favourable) and protection against
key non-commercial risks;
 non-discriminatory conditions for trade in energy materials, products and energy-related
equipment based on WTO rules, and provisions to ensure reliable cross-border energy
transit flows through pipelines, grids and other means of transportation;
 the resolution of disputes between participating states, and - in the case of investments -
between investors and host states;
 the promotion of energy efficiency, and attempts to minimise the environmental impact
of energy production and use.

6 SUMMARY
In India, as discussed above, it is clear that The Energy Conservation Act 2001 is one of the
primary statutes which deal with energy conservation. However this Act falls short on more than
one count. It has been felt over the period of years that this Act does not look into the issue of
energy requirement vis a vis existing energy pool given the fact that our dependence on the non
renewableenergy sources are increasing significantly. As discussed above, the concern is well

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For details kindly see; http://www.energycharter.org/process/energy-charter-treaty-1994/energy-charter-treaty/

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evident in the National Energy Policy which clearly focuses on a shift to renewable sources.
Central Govt. (be it any party govt.) has played a crucial role in making a case for the use of
renewable energy sources. It is pertinent to note here that legislative and bureaucratic hurdles
have halted the very objective of these policies and we have not been able to pass various
amending statutes in general and renewable energy act 2015 in particular.

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