Judicial Responses to Renewable Energy and Environmental Protection in India

  • Adarsh M G and Asheena Augusta Alfred
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  • Adarsh M G

    LL.M. Student at Government Law College Ernakulam, India

  • Asheena Augusta Alfred

    LL.M. Student at Government Law College Ernakulam, India

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Abstract

The accelerated growth of renewable energy projects, fueled by international climate pledges such as the Paris Agreement, has resulted in new environmental and legal issues. The shift to green power in India has not been without its ecological impacts, which have targeted wildlife, biodiversity, and indigenous communities. This dualism of renewable energy, both being a cause and a cure for environmental problems, has seen earnest judicial intervention. Indian courts and the National Green Tribunal have been instrumental in incorporating global environmental norms such as the "precautionary principle" and "polluter pays" into national law, thus framing environmental jurisprudence in the energy transition scenario. Climate litigation has become a key instrument to tackle the responsibilities of governments and business entities for environmental destruction, inducing accountability and governance changes. Around the world, nations are experiencing an upsurge in climate cases, indicative of increasing legal awareness of the negative effects of climate change. At the same time, the idea of a "just energy transition" has become more prominent, with the need for a fair transition that protects vulnerable groups and transitions to clean energy. Judicial statements across the world recognize the fine balance between encouraging renewable energy and environmental justice. The developing jurisprudence highlights the need for strong regulatory frameworks, participatory government, and creative legal tools to enable a sustainable and fair energy transition.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 7, Issue 3, Page 257 - 264

DOI: https://doij.org/10.10000/IJLSI.112596

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