India: Energy Law

National security has been a cornerstone of India’s patent legislation since its inception. Section 4 of the Indian Patents Act, 1970, exemplifies this priority by imposing an absolute bar on patenting inventions related to atomic energy. This prohibition has historically reflected the government’s exclusive control over nuclear technology and the strategic sensitivity associated with atomic energy. However, India’s evolving clean-energy objectives are driving a significant policy transformation.

The Mines and Minerals (Development and Regulation) Amendment Act, 2026 (Amendment) received Presidential assent on 18 August 2026. The Amendment restricts State Governments from levying taxes on mineral rights and mineral-bearing lands. It also brings the regulation of mineral-bearing lands containing minerals under Union control.

The Supreme Court of India, through its judgment dated 12.08.2026 in Karnataka Power Transmission Corporation Limited v. Rekha and Others , set aside concurrent orders of the High Court of Karnataka which had fastened absolute liability upon the Karnataka Power Transmission Corporation Limited (“KPTCL”) in respect of two electrocution incidents.

India's renewable energy framework combines ambitious climate targets with an evolving regulatory architecture spanning green hydrogen missions, carbon trading schemes, and manufacturing incentives. As businesses navigate this incentive-driven ecosystem, understanding the intersection of policy, compliance obligations, and commercial opportunity becomes essential to participating in the country's sustainable energy transition.

This comprehensive newsletter examines pivotal judicial rulings and regulatory developments reshaping India's infrastructure, energy, and natural resources sectors.

The common requirements for Renewable Energy Power Plants (“REP”) and BESS include equipment rating norms, mandatory site documentation, display boards, WMO-compliant automatic weather stations (for plants of 10 MW and above), phasor measurement units, harmonic analysers, power plant controllers, redundant communication systems, power quality meters, graded protection systems, voltage ride-through capability, and compliance with the National Building Code and applicable noise limits.

The Electricity Act, 2003, vests tariff determination authority exclusively in State Electricity Regulatory Commissions (SERCs), while the Central Government retains policy-making power at the central level which provides benefit to both i.e., state and central power utilities. This includes the authority to design financial incentives aimed at promoting specific generation technologies.

By a notification dated May 18, 2026, the Ministry of Power brought into force, from June 1, 2026, the Jan Vishwas Act amendments under Schedule Serial No. 58. Consequently, certain provisions of the Electricity Act, 2003 stand amended.

India’s infrastructure story has long been associated with ambition, mega highways, renewable energy parks, airports, logistics corridors, smart cities, data centres and urban transformation projects. Over the last two decades, billions of dollars have flowed into the sector from banks, institutional lenders, sovereign wealth funds, infrastructure funds and global investors eager to participate in India’s growth trajectory.