India: Energy Law

India’s climate commitments are substantial a net-zero target announced at COP26 and rapid growth in non-fossil energy capacity and clean-technology innovation across solar, wind, storage, electric mobility and waste management has grown alongside them. It is tempting to assume that a dedicated, incentive-rich “green patent” regime sits behind that innovation. The more accurate picture is of a patent system that accommodates green technology through general mechanisms, while stopping short of the bespoke incentives that some other jurisdictions have introduced.

The Ministry of New and Renewable Energy (“MNRE”) issued an Office Memorandum dated August 4, 2026, clarifying the applicability of the Approved List of Models and Manufacturers (“ALMM”) List-II requirement for solar photovoltaic (“PV”) cells, following its earlier notification of July 18, 2026 and multiple representations received from stakeholders seeking clarity on transitional cases.

The Ministry of New and Renewable Enegery (“MNRE”) vide its office memorandum dated 17.08.2026 (“OM”) has issued directions regarding compliance with guidelines on inverter-level generation data and storage of inverter-level data of Rooftop Solar systems (“RTS”) installed under PM Surya Ghar: Muft Bijli Yojana (“PMSG: MBY”). This OM is issued in continuation of the earlier guidelines issued by MNRE from time to time on secure communication of generation data and the compliance requirements for inverters and communication devices used under PMSG: MBY.

A decision of a Division Bench of the Delhi High Court in Dabur India Limited v. Emami Limited[1], pronounced on May 22, 2026, is a significant addition to Indian passing off jurisprudence concerning trade dress protection. The dispute arose from Dabur’s launch of Cool King Thanda Tael and Emami’s allegation that the packaging and overall get-up of Dabur’s product is deceptively similar to the long-established trade dress of Navratna Ayurvedic Oil that is sold by Emami.

In India’s legal lexicon, “nuclear power” is more than a technological marvel, it is a complex category of activity defined, licensed, and overseen by statute. Under the Atomic Energy Act, 1962, “nuclear installations” encompass any reactor, plant or facility in which radioactive substances are produced, handled or stored. The same atom whose controlled fission heats our turbines can, if misused has the power to detonate cities, as Albert Einstein, Oppenheimer, Homi J Baba and several notable scientists have warned us.

The principal obstacle in the adoption of green hydrogen for reduction of carbon emissions has been commercial rather than technological, as industrial users seeking to transition must fund and operate a dedicated electrolyser plant for a term of fifteen years or more. The “Electrolyser as a Service” (EaaS) model addresses this constraint. Under the EaaS model, a technology provider (Service Provider) designs, finances, constructs, owns, operates and maintains an electrolytic hydrogen generation plant (Project) on a build-own-operate basis at the premises of the industrial user (Consumer).

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The Central Board of Indirect Taxes and Customs (“CBIC”), through Notification No. 31/2026-Central Excise dated 15 June 2026, has amended Notification No. 08/2026-Central Excise dated 26 March 2026 to increase the effective rate of Special Additional Excise Duty (“SAED”) applicable on exports of Aviation Turbine Fuel (“ATF”). Effective from 16 June 2026, the duty has been increased from Rs 9.5 per litre to Rs 12.5 per litre.

The Draft Regulations represent a significant regulatory shift towards a capacity-based access model aligned with evolving electricity market structures, increasing renewable energy penetration, growth of green open access transactions and the emergence of energy storage systems.