DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW
2024-25

NATURAL RESOURCES AND ENERGY LAW

Rough Draft

BALANCING RENEWABLE ENERGY EXPANSION WITH CONSTITUTIONAL

AND ENVIRONMENTAL RIGHTS: A LEGAL CRITIQUE OF INDIA’S GREEN
ENERGY PUSH

SUBMITTED TO:
SUBMITTED BY:

DR. APARNA SINGH

ALAINA FATIMA

ASSISTANT PROFESSOR (LAW)

200101021

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RMLNLU X
SEM (SECTION A)

INTRODUCTION

India’s commitment to achieving 500 GW of non-fossil fuel energy by 2030 places it at

the forefront of global climate action. While this transition is critical for energy security
and sustainable development, its implementation raises serious concerns regarding
environmental justice, constitutional rights, and legal accountability.

Large-scale renewable energy projects, often located in ecologically fragile zones or

inhabited by tribal and marginalised communities, have resulted in displacement,
inadequate compensation, and procedural bypasses. Exemptions from environmental
impact assessments (EIAs), limited community consultation, and weak institutional
oversight undermine the participatory and equitable vision embedded in India’s
constitutional framework. These developments highlight a critical tension between
green growth and the protection of fundamental rights under Article 21 of the
Constitution, which guarantees the right to life and a clean environment.

This paper critically analyses India’s renewable energy expansion through the lens of
constitutional law, environmental jurisprudence, and human rights principles. It
assesses the compatibility of current legal and policy frameworks with the values of
procedural fairness, ecological sustainability, and social inclusion. Using case studies
and doctrinal analysis, the study identifies systemic legal gaps and proposes a rights-
based approach to energy governance.

The research paper advocates for reforms including mandatory Human Rights Impact
Assessments (HRIAs), Free, Prior, and Informed Consent (FPIC), and the extension of
the public trust doctrine to renewable resources. It calls for greater alignment with
international frameworks such as the UN Guiding Principles on Business and Human
Rights and the Just Transition Mechanism under the Paris Agreement.

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 RELEVANCY OF THE TOPIC

India’s renewable energy expansion is central to its climate strategy and developmental
agenda. However, as the country pursues ambitious targets like 500 GW of non-fossil
fuel capacity by 2030, there is growing evidence that this transition is not without
socio-legal costs. Renewable energy projects often intersect with constitutionally
protected rights, particularly in areas inhabited by tribal and marginalised communities.
Issues such as forced displacement, inadequate public consultation, and bypassing of
environmental safeguards raise serious questions about the legal legitimacy of such
development. In this context, the dissertation is highly relevant as it addresses a critical
gap in legal scholarship—how to balance environmental sustainability with
constitutional and human rights. By integrating judicial interpretations, statutory
analysis, and international principles like FPIC and HRIAs, the study provides a timely
framework for ensuring that India’s green transition is not only climate-resilient but
also legally and socially just.

RESEARCH QUESTIONS

A. To what extent do India’s renewable energy policies integrate environmental and

constitutional rights, especially for marginalised communities?
B. How do legal frameworks governing land, forests, and environmental protection
interact with renewable energy development?
C. Are institutional and judicial mechanisms sufficient to prevent or remedy rights
violations related to renewable energy projects?
D. What reforms can ensure that the energy transition is just, participatory, and aligned
with constitutional values?

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 TENTATIVE CHAPTERISATION

A. Introduction
B. Constitutional and Legal Framework Governing Renewable Energy in India
C. Challenges in Balancing Renewable Energy Expansion with Environmental and Human
Rights
D. Legal Gaps and Human Rights Deficits in India’s Renewable Energy Push
E. Recommendations and the Way Forward
F. Conclusion

RESEARCH METHODOLOGY

This paper adopts a hybrid research methodology, combining doctrinal and empirical
approaches. The doctrinal aspect involves an in-depth study of primary sources,
including relevant statutes, case law, international conventions, treaties, rules, and
regulations pertaining to renewable energy projects and human rights. Additionally,
scholarly books, peer-reviewed journal articles, and conference proceedings from both
Indian and international jurisdictions have been consulted.

To complement this analysis, a wide array of secondary sources has also been explored
—such as legal commentaries, expert opinions, academic discussions, newspaper
articles, and credible online resources. Insights from legal scholars, practitioners, and
subject-matter experts working in the fields of disaster governance and human rights
have further enriched the research.

Moreover, the Madhu Limaye Library at Dr. Ram Manohar Lohiya National Law
University, Lucknow, along with its digital databases, has played a vital role in
providing access to specialised literature and authoritative legal materials, which have
significantly informed the development of this dissertation.

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 LITERATURE REVIEW

A. CONSTITUTIONAL AND JUDICIAL DISCOURSE

Legal scholarship underscores the judiciary’s key role in environmental protection

through the interpretation of Article 21. In Subhash Kumar v. State of Bihar and
Virender Gaur v. State of Haryana, the Supreme Court recognised a clean environment
as part of the right to life. Scholars such as Shankar and Bindal (2012) highlight the
ongoing judicial balancing act between environmental rights and developmental
imperatives.

B. FRAGMENTED LEGAL AND POLICY FRAMEWORKS

Despite progressive policies like the Electricity Act, 2003 and the National Solar
Mission, India's legal framework for renewable energy lacks cohesion. Academics like
Wildermuth (2019) and Klass (2017) argue for a unified energy-environment legal
structure. The absence of mandatory Environmental Impact Assessments (EIAs) for
many renewable projects raises concerns about oversight and rights protection.

C. MARGINALISATION AND PROCEDURAL GAPS

Studies point to widespread procedural lapses and marginalisation of vulnerable

communities in renewable energy development. The Pavagada Solar Park and
hydropower projects in Sikkim and Arunachal Pradesh reveal issues like
displacement, inadequate consent, and ecological disruption. These projects often
bypass safeguards under the Forest Rights Act, 2006 and PESA, 1996, leading to legal
and ethical concerns.

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D. ENERGY JUSTICE AND HUMAN RIGHTS

The literature increasingly promotes the idea of energy justice, which combines access
to clean energy with social equity and human rights. Barjaktarević and Markovic
(2019) advocate a rights-based approach that ensures meaningful participation of
affected communities. This aligns with global human rights instruments like the UN
Guiding Principles on Business and Human Rights (UNGPs).

E. INTERNATIONAL NORMS AND INDIA'S OBLIGATIONS

India’s renewable energy strategy is evaluated against global frameworks such as the
Paris Agreement and the Sendai Framework. These call for inclusive, resilient, and
human rights-compliant transitions. However, India's current practices reveal gaps in
implementation, especially in ecologically sensitive areas.

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 CONCLUSION

This paper explores the intersection of renewable energy expansion, human rights, and
environmental justice in India. It argues that India’s green transition must be both
environmentally sustainable and socially equitable, especially for marginalised
communities. Extending Article 21 to include access to clean energy and protection
from displacement, the judiciary can ensure fair benefits from renewable initiatives.

Key safeguards like Human Rights Impact Assessments (HRIAs), free, prior, and
informed consent (FPIC), and a broader application of the public trust doctrine are
essential. Strengthening institutional oversight and aligning with global frameworks
like the UNGPs, the Paris Agreement, and the Sendai Framework can position India as
a global leader in climate justice.

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 BIBLIOGRAPHY

STATUTES

A. THE CONSTITUTION OF INDIA.

B. Environment (Protection) Act, No. 29 of 1986, § 3, Acts of Parliament, 1986 (India).
C. Electricity Act, No. 36 of 2003, Acts of Parliament, 2003 (India).
D. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, No. 2 of 2007, Acts of Parliament, 2007 (India).
E. Panchayats (Extension to Scheduled Areas) Act, No. 40 of 1996, Acts of Parliament,
1996 (India).

CASES

A. Samatha v. State of Andhra Pradesh, A.I.R. 1997 S.C. 3297 (India).

B. M.C. Mehta v. Union of India, A.I.R. 1987 S.C. 1086 (India).
C. Subhash Kumar v. Union of India, A.I.R. 1991 S.C. 420 (India).
D. Virender Gaur v. State of Haryana, A.I.R. 1995 S.C. 38 (India).
E. T.N. Godavarman Thirumulpad v. Union of India, (1996) 9 S.C.C. 632
F. J.P. Unnikrishnan v. State of Andhra Pradesh, (1993) 1 S.C.C. 645 (India).

JOURNAL ARTICLES

A. Uday Shankar & Saurabh Bindal, Right to Environment and Right to Development: A
Judicial Conundrum, 1 CHRIST U. L.J. 49 (2012).
B. Nikita Susan Eapen & Shifali Muthappa C, Balancing Ambition and Reality:
Evaluating India’s Renewable Energy Goals for 2030 in the Context of Economic
Growth and Sustainability, JSS J. LEGAL STUD. & RES., Special Issue on SDGs, 50
(2024).
C. Dragana Barjaktarević & Liljana Markovic, Relationship Between Environmental Law
and Energy Law, INT’L J. ENG. & APPLIED LINGUISTICS (2019).

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D. Amy J. Wildermuth, The Next Step: The Integration of Energy Law and Environmental
Law, UTAH ENVTL. L. REV. (2019).
E. Alexandra B. Klass, Climate Change and the Convergence of Environmental and
Energy Law, FORDHAM ENVTL. L. REV. (2017).

WEB SOURCES

A. The Paris Agreement, UNFCCC, https://unfccc.int/process-and-meetings/the-paris-

agreement (last visited March 22, 2025).
B. India’s Stand at COP-26, PIB, https://pib.gov.in/PressReleasePage.aspx?
PRID=1795071 (last visited Apr. 2, 2025)