ARTICLE
9 January 2025

India's Renewable Energy Revolution: Overcoming Challenges To Lead The Global Transition

SA
Shardul Amarchand Mangaldas & Co

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Shardul Amarchand Mangaldas & Co founded on a century of legal achievements, is one of India’s leading full-service law firms. The Firm’s mission is to enable business by providing solutions as trusted advisers through excellence, responsiveness, innovation and collaboration. SAM & Co is known globally for its exceptional practices in mergers & acquisitions, private equity, competition law, insolvency & bankruptcy, dispute resolution, capital markets, banking & finance and projects & infrastructure.
India's renewable energy sector stands as a cornerstone in its ambitious journey toward sustainability, reflecting both potential and urgency. The renewable energy sector has seen rapid grown and many
India Energy and Natural Resources

India's renewable energy sector stands as a cornerstone in its ambitious journey toward sustainability, reflecting both potential and urgency. The renewable energy sector has seen rapid grown and many companies have vowed $386 billion investments1. As of October 2024, energy-based electricity generation capacity stands at 203.18 gigawatts2 (GW), accounting for more than 46.3% of the country's total installed capacity3. The installed capacity of renewable energy in India is steadily climbing, aligning with the nation's bold commitment to install 500 GW of non-fossil fuel capacity by 20304. These efforts are crucial to fulfilling international obligations under the Paris Agreement and rooted in India's constitutional mandates under Articles 21 and 51A, which emphasize the right to a clean environment and the fundamental duty to protect it. Furthermore, India has pledged to achieve net-zero emissions by 2070—a testament to its dedication to combating climate change.

However, the path to realizing these goals is fraught with challenges. A lack of infrastructure to support the transition to renewable energy, financial constraints, and the pressing need for both domestic and international investment are significant hurdles. Additionally, disputes over land use and the environmental implications of large-scale renewable projects complicate progress. The compliance gap among distribution companies (DISCOMs), despite renewable purchase obligations (RPOs), highlights systemic inefficiencies, financial distress, and unwillingness to embrace the necessary changes.

To bridge these gaps, India must adopt a multi-faceted strategy. This includes addressing land-use conflicts without disrupting local communities, ensuring financial viability for DISCOMs by reducing Aggregate Technical and Commercial (AT&C) losses, and instituting strict penalties for non-compliance. Moreover, active judicial oversight can play a pivotal role in ensuring accountability, reinforcing compliance, and fostering a culture of responsibility within the energy sector.

This article explores possible solutions to overcome these barriers, paving the way for an efficient and inclusive renewable energy transition in India. By tackling these challenges head-on, India can not only meet its renewable energy goals but also set a global benchmark for sustainable development.

  1. Infrastructure Challenges and the Need for Smart Grid Development

One of the major obstacles in India's renewable energy transition is the inadequacy of its existing grid infrastructure to integrate variable energy sources like solar and wind. The current grid system, designed for conventional power generation, is not equipped to manage the intermittent nature of renewable energy, leading to supply-demand imbalances and "grid insecurity." This challenge is compounded by a lack of advanced transmission infrastructure and storage solutions. For instance, in the UK, insufficient storage and transmission capacity have resulted in excess wind energy being curtailed, adding financial burdens on consumers5.

India's Green Energy Corridor project, while a positive step, has faced delays that hinder its ability to facilitate renewable energy integration. Moreover, the adoption of smart grid technologies, such as real-time monitoring and advanced grid management, remains critical for optimizing energy distribution and maintaining grid stability6. Technologies like high-voltage direct current (HVDC) lines can improve long-distance power transfer, connecting renewable-rich regions with demand centres. Battery Energy Storage Systems (BESS) can address intermittency by providing reliable energy storage during peak demand periods, though challenges like high upfront costs and limited lifespan still hinder widespread adoption.7 Tata Power Delhi Distribution Limited's (Tata Power-DDL) remarkable score of 80.4 on the Smart Grid Index, placing it among the top 25 utilities globally8, highlights India's capacity to harness smart grid technology for advancing its energy transition. However, replicating this success across other Indian DISCOMs has been challenging, emphasizing the need for robust strategies to address infrastructure gaps and accelerate the adoption of smart grids.

The Indian government has made significant strides in promoting smart grid development through initiatives such as the National Smart Grid Mission (NSGM). This program focuses on enhancing grid reliability, efficiency, and resilience by funding pilot projects across states to test advanced metering infrastructure (AMI), demand-side management (DSM), and renewable energy integration. The Ministry of Power is contributing 50% of the capital expenditure as a grant to utilities, while a portion of the remaining share is provided by the states and the utilities themselves. These innovative models not only prevent overburdening the utilities but also help mitigate risk9. However, to replicate Tata Power-DDL's success, India must scale these pilot projects and invest in building infrastructure capacity to create a world-class smart grid capable of seamlessly integrating renewable energy sources.

Addressing these challenges requires a comprehensive, long-term strategy centred on government support, policy innovation, and fostering public-private partnerships. Decentralized energy resources such as rooftop solar and microgrids can alleviate pressure on the central grid while promoting localized energy resilience. Coupling these technologies with enabling regulatory frameworks and strategic investments will be crucial for enhancing grid functionality and ensuring energy stability.

Technological advancements like smart grids, energy storage systems, and automation hold immense potential for overcoming infrastructure limitations. However, sustained financial support and innovative financing mechanisms are critical to their success

  1. Financing and Investment Bottlenecks

India's renewable energy sector is pivotal to its decarbonization strategy and transition to a low-carbon economy. Despite significant progress and ambitious targets, investment and financing bottlenecks persist, posing a challenge to achieving these goals. Addressing these barriers is crucial to sustaining the momentum of growth and fulfilling India's climate commitments.

One of the primary obstacles lies in the capital-intensive nature of renewable energy projects. Substantial upfront investments are required for land acquisition, infrastructure development, and advanced technology, making these projects less attractive to investors10. High borrowing costs in India further exacerbate these challenges, although operational costs remain relatively low. The situation is further complicated by regulatory uncertainties, which deter potential investors. The unpredictability of policy changes, combined with India's withdrawal from most of its Bilateral Investment Treaties (BITs), heightens investor concerns.

BITs historically provided essential legal safeguards, protecting foreign investors against expropriation and sudden regulatory shifts. India's termination of most BITs has created a legal vacuum 11 diminishing investor protection and undermining confidence in the market. To attract greater investment in renewable energy, India must draw from global best practices while addressing its unique challenges. Restoring eroded investor confidence is crucial, and renegotiating BITs can play a pivotal role. By ensuring a stable regulatory framework, fair and equitable treatment, and protection against expropriation, India can offer the certainty investors need to commit to long-term renewable energy projects12.

To mitigate financing challenges, India must adopt innovative solutions. Blended finance models that combine public and private capital can de-risk investments and attract more stakeholders. Promoting green financing is a priority. To mitigate off-taker risk—the possibility that energy buyers may default—and technology risks13 associated with emerging innovations like offshore wind and battery storage, India should target high-risk, high-reward projects with tailored green loans. Additionally, a Green Credit Guarantee Scheme can further incentivize investment in small and medium-scale renewable projects, under the scheme the government would offer partial credit guarantees to financial institutions14, reducing perceived risks and enabling broader access to financing. Further, the issuance of Sovereign Green Bonds is a significant step in this direction, providing long-term, low-cost capital for renewable projects. These bonds adhere to global green finance standards and can fund solar, wind, biomass, and hydropower projects, integrating energy generation with storage solutions15. Institutions like the National Investment and Infrastructure Fund (NIIF) could also provide tailored funding for large-scale renewable energy projects 16.

The government has introduced Viability Gap Funding (VGF) schemes to address some of these challenges. For instance, the VGF scheme for offshore wind energy and Battery Energy Storage Systems (BESS) targets de-risking investments and enhancing project viability17. Similarly, the BESS scheme targets 4,000 MWh of storage by 2030-31, with ₹9,400 crore outlay, achieving a Levelized Cost of Storage of ₹5.50–6.60/kWh18. Both initiatives de-risk private investments and optimize renewable energy integration into the grid.

Another financing mechanism is the feed-in-tariff (FiT) system, which provides long-term purchase agreements at fixed rates, offering revenue certainty and reducing financial risks for developers This model is particularly beneficial for smaller developers and new market entrants who may struggle with competitive bidding 19. However, FiTs face resistance from DISCOMs, who are concerned that fixed tariffs may result in higher procurement costs compared to auction-based systems, which typically drive down prices through competition.20.

Additionally, the government has streamlined the environmental clearance process to encourage greater renewable energy production. Certain projects, such as solar module manufacturing units and smaller power generation projects (under 25 MW), are exempt from the dual compliance requirement, fostering a more conducive environment for growth in the sector.21

Finally, expanding power purchase guarantees is equally essential. Inspired by the USA's Production Tax Credit (PTC)22 which gives tax incentives for renewable energy generation, and Investment Tax Credit (ITC)23 , which offers a 30% tax credit for investments in qualifying green energy projects, India can adopt similar measures to provide clean energy developers with clear and consistent revenue streams. Such frameworks not only de-risk investments but also incentivize the adoption of renewable technologies, particularly solar and wind, by enhancing investor confidence.

By integrating these strategies—stable regulatory reforms, innovative financing mechanisms, and revenue assurances—India can build a robust ecosystem for renewable energy investment, accelerating its transition to a sustainable and low-carbon future. These measures will not only attract foreign capital but also strengthen India's position as a global leader in renewable energy

  1. Land Availability and Environmental Concerns

Land acquisition remains a major challenge for large-scale renewable energy projects, particularly in solar and wind sectors, where vast tracts of land are required. This often leads to conflicts with agricultural use, wildlife conservation, and local community rights24. For instance, solar parks in Rajasthan have caused concerns over the displacement of grazing lands and ecological impacts.25

The Great Indian Bustard case26 exemplifies these challenges. High-voltage power lines installed for renewable energy projects in Rajasthan and Gujarat have led to the deaths of critically endangered Great Indian Bustards. The Supreme Court's directive to underground power lines in critical habitats highlights the tension between renewable energy goals and biodiversity conservation. While this decision protects wildlife, it also significantly increases project costs, creating a financial burden for developers.

Addressing these challenges requires comprehensive land use planning that identifies low-conflict zones for renewable energy projects27. India has the potential to optimize land use and address community concerns by adopting Integrated Renewable Energy and Agricultural Systems. This approach, combining agrivoltaics, can allow for the simultaneous generation of solar energy while farming continues beneath solar panels28. Under the PM-KUSUM scheme, India could scale this model by enabling farmers to install decentralized, ground-mounted renewable energy plants of up to 2 MW capacity, with energy purchased by DISCOMs at a pre-fixed, levelized tariff29. This solution can mitigate the conflict over land use for agriculture versus renewable energy generation.

However, challenges related to microclimate changes must be addressed. Research and development efforts are crucial to ensure that this system can be implemented without disrupting agricultural productivity. Additionally, floating solar farms, such as China's Anhui Solar Plant30, offer a viable solution. India, with its existing eight floating solar farms, can scale up this technology by utilizing reservoirs, thereby tackling the land availability issue31.

Furthermore, the adoption of compact vertical wind turbines, inspired by Japan's experience, can optimize space and complement other renewable sources32. To support this transition, a unified land policy that integrates renewable energy with conservation efforts is essential. This policy should be supported by blended finance mechanisms and government incentives to accelerate progress.

Institutions like the Wildlife Institute of India, along with international grants, can provide vital support for ecological integration. By ensuring that renewable energy expansion is inclusive, sustainable, and scalable, India can create a harmonious balance between energy production, agricultural needs, and environmental preservation.

  1. Policy Frameworks and Stability

India's renewable energy sector, despite its vast potential—particularly in solar power, with an estimated 748 GW potential—faces significant challenges in policy consistency, financial instability, and project delays. The National Solar Mission (NSM), part of India's National Action Plan on Climate Change, aims to position India as a leader in solar energy, aligning with global climate goals33. However, the sector struggles with issues like inconsistent tariff structures and frequent renegotiations of PPAs, which undermine investor confidence and hinder timely project execution.

To address these challenges, a more robust and consistent regulatory framework is essential. Clear guidelines on tariffs, project timelines, and incentives can provide the necessary policy stability to attract long-term investments. Additionally, expanding the scope of Renewable Purchase Obligations (RPOs) and ensuring strict enforcement can further drive transition to renewable energy. Timely payments by through mechanisms like the Letter of Credit mandate will reduce financial risks and facilitate competitive bidding for projects. Even with supportive policies, achieving renewable energy targets depends significantly on the compliance of obligated entities, especially DISCOMs, with RPOs—a critical mechanism driving the clean energy transition

  1. Barriers to RPO compliance in India

RPOs are key regulatory mechanisms designed to mandate power procurers, including DISCOMs, captive power producers, and open-access consumers, to annually procure a minimum percentage of RE. Despite their strategic intent to promote renewable energy uptake and establish a market for clean energy technologies, widespread non-compliance underscores systemic inefficiencies, financial instability, and weak regulatory enforcement within India's energy sector.

In FY 2019-20, only four states—Karnataka, Andhra Pradesh, Rajasthan, and Tamil Nadu—managed to exceed their RPO targets, with Karnataka achieving an extraordinary 250% compliance34. In stark contrast, the majority of states reported compliance rates below 55%, with some states falling below 10%35. From 2020 to 2022, apart from Karnataka, Telangana, and Uttar Pradesh, all states exhibited inconsistent performance and have on multiple occasions failed to comply with RPO regulations36.

While some inconsistencies can be attributed to the inherent intermittency of RE generation, the persistent shortfalls and widespread non-compliance reveal a more significant systemic issue. Many DISCOMs appear to disregard their obligations under the RPO framework. The introduction of Renewable Energy Certificates (RECs) was intended to address the challenges posed by RE intermittency, providing DISCOMs with a flexible mechanism to meet their RPO targets37. However, despite an adequate supply of RECs to cover deficits, DISCOMs have largely failed to utilize this mechanism effectively38. This failure underscores a lack of commitment and systemic inefficiencies within the power distribution sector, which continue to undermine the objectives of the RPO regulations.

  • Financial Distress: The Core Barrier

The financial health of DISCOMs is pivotal to achieving RPO targets39. However, these entities collectively reported outstanding debt of ₹6.61 lakh crore by FY2023, primarily owed to the thermal power sector. Persistent subsidy disbursement delays and structural inefficiencies exacerbate their inability to comply with RPOs40. Many DISCOMs prioritize short-term liquidity needs over long-term obligations, including REC purchases.

Furthermore, the rigid sub-categorization of RPOs into solar and non-solar categories imposes additional burdens on financially distressed DISCOMs. For instance, instead of utilizing local renewable capacity, states are compelled to meet rigid targets, heightening compliance costs. The non-fungibility of RPO categories has spurred demands for more flexible regulations. Without addressing these financial constraints, the shift to renewable energy remains precarious.

  • Regulatory Weaknesses: A Patchwork Approach

State Electricity Regulatory Commissions (SERCs) bear the responsibility for framing RPO targets and ensuring compliance. However, inconsistent enforcement undermines deterrence. The Electricity Act of 2003 mandates penalties for non-compliance, yet enforcement is sporadic. Although states like Delhi, Uttar Pradesh, Telangana and Madhya Pradesh have occasionally imposed penalties41, public reporting on their collection or impact remains absent. Other SERC have till date have not impose any penalties for non-compliance.

The Ministry of Power's 2023 notification under the Energy Conservation Act provides penalties for RPO shortfalls under section 26(3) of the Energy Conservation Act, 200142 however parallel framework for imposing penalties exists under section 142 of the electricity act, 2003. However, low penalty amounts relative to compliance costs incentivize continued default. Raising penalties could significantly bolster compliance, particularly in states with chronic underperformance.

  • Operational Inefficiencies: A Persistent Challenge

Operational inefficiencies, particularly high AT&C losses, hinder RPO compliance. While AT&C losses declined from 22% in FY2022 to 15.4% in FY202343, states like Bihar, Jharkhand, and Uttar Pradesh reported losses exceeding 20%, with some districts witnessing even higher figures44. These inefficiencies lead to revenue leakage, reducing funds available for renewable energy procurement. Addressing these inefficiencies would unlock critical resources to support energy transition efforts.

Solution to Non-compliance of RPO

Resolving non-compliance with RPOs requires a multifaceted approach that addresses enforcement gaps, financial constraints, renewable energy availability, and systemic accountability. Strengthening enforcement mechanisms is imperative, as the current penalties for non-compliance are often too lenient to serve as a deterrent. Regulatory bodies must impose substantial financial penalties for non-compliance and mandate the carry-forward of RPO shortfalls to subsequent years. This ensures that failures in one year do not absolve obligated entities from their long-term commitments, creating a robust system of accountability.

Financial restructuring of DISCOMs is equally critical45. Many DISCOMs face financial distress, limiting their ability to procure RECs or invest in renewable projects. The Ujwal DISCOM Assurance Yojana (UDAY), aimed at alleviating DISCOM debt by transferring 75% of liabilities to state governments46, failed to deliver sustained results. By FY2019, DISCOM losses had nearly doubled47, and RPO compliance remained inadequate, exposing the scheme's limitations.

To address these issues, the Ministry of Power introduced the Revamped Distribution Sector Scheme (RDSS) in 2021. RDSS targets systemic challenges through prepaid smart meters, capacity-building initiatives, and infrastructure upgrades48 with an aim to reduce AT&C losses and close the ACS-ARR gap. Unlike UDAY, RDSS emphasizes sustainable, technology-driven reforms, showing measurable success in reducing inefficiencies and fostering financial stability. The reduction in AT&C losses under the scheme underscores the vital importance of investing in modern technology and infrastructure. These advancements not only help curtail revenue losses but also position DISCOMs to better fulfil their RPO.

Additionally, offering targeted incentives for over-compliance, as seen in Maharashtra, could motivate DISCOMs and other obligated entities to exceed RPO targets49. Such incentives, which reward entities for procuring renewable energy above mandatory thresholds, foster a proactive approach to clean energy adoption and ensure accountability by linking rewards to the absence of past under-compliance. Over time, these measures encourage innovation and build momentum for renewable energy expansion.

Improving the availability of renewable energy is another vital aspect. States should prioritize the development of local renewable energy infrastructure, such as wind and solar power plants, to meet RPO requirements more effectively. Long-term PPAs with renewable energy producers can ensure a steady and predictable energy supply while reducing price volatility. Promoting distributed generation, such as rooftop solar systems, can further decentralize energy production and ease the pressure on DISCOMs to meet their obligations.

Finally, transparency and public accountability are indispensable. Publishing compliance records and naming non-compliant entities would exert significant pressure on obligated entities to prioritize RPO adherence50. With these combined measures, including incentives for over-compliance, states can create a sustainable framework that accelerates the transition to renewable energy while fostering accountability and innovation. While RPO compliance remains a persistent challenge, judicial interventions have played a pivotal role in strengthening accountability and ensuring that India's renewable energy goals remain on track.

  1. Judicial Support for Renewable Energy

Judicial decisions have significantly bolstered the regulatory framework for renewable energy in India, especially in enforcing Renewable Purchase Obligations (RPOs). In the 2015 case of Indian Wind Power Association v. Gujarat Electricity Commission[51], the Appellate Tribunal for Electricity (APTEL) upheld that RPO targets should only be waived when renewable energy certificates (RECs) are unavailable. This reinforced the principle that Discoms must take responsibility for procuring renewable energy through sound commercial practices, even in states rich in renewable resources. Similarly, the Supreme Court's ruling in Hindustan Zinc v. Rajasthan Electricity Regulatory Commission[52] clarified that RPO compliance extends beyond distribution companies to include captive power producers and open access users, reinforcing the constitutional duty to protect the environment. This decision emphasized the need for uniformity in RPO enforcement across all obligated entities. These judicial rulings signal a shift towards stricter compliance, compelling SERCs to impose penalties and take corrective actions against non-compliant Discoms. As a result, SERCs are now adopting a more proactive stance in ensuring RPO adherence, ensuring that India meets its renewable energy targets. This judicial support is critical for driving India's transition towards a sustainable energy future.

The energy transition can only be realised by guaranteeing rigorous compliance with RPOs, and the judiciary plays a critical role in spearheading this effort. As a result, the judiciary must take a proactive and vigilant stance in order to avoid complacency in the face of RPO noncompliance and inadequacies. Consistent RPO enforcement is critical for promoting responsibility, boosting renewable energy uptake, and eventually reaching sustainable energy targets. Without such enforcement, the route to a successful energy transition is doubtful. The judiciary's unflinching commitment to upholding these requirements will not only accelerate renewable energy integration, but will also provide long-term environmental and economic advantages.

Conclusion

India is at a crossroads in its renewable energy journey, with enormous potential to spearhead the worldwide shift to clean energy. India can fulfil its lofty goals and create a global standard for renewable energy transformation by addressing the aforementioned difficulties through coordinated legislative measures, substantial infrastructure development, and sustainable behaviours. The road ahead is difficult, but with strong political will, judicial support, and international cooperation, India can balance economic progress with environmental sustainability and cement its position as a global leader in renewable energy.

Bibliography

Table of cases

  1. Indian Wind Power Association v. Gujarat Electricity Commission Appeal No. 258 of 2013
  2. Hindustan Zinc v. Rajasthan Electricity Regulatory Commission 2015 SCC 12 611
  3. K. Ranjitsinh & Ors. v. Union of India & Ors. 2024 INSC 280

Secondary Resources

  1. 17th Report Standing Committee on Energy(2020-2021), 'Action Plan For Achievement of 175 Gigawatt (GW) Renewable Energy Target' (Ministry of New and Renewable Energy, 2021) < pdf> accessed 21 December 2024
  2. Anand, Saurav. 'High Losses and Debt Continue to Burden State Discoms Despite Tariff Hikes: ICRA' (Economic Times Energy World, 2024) < High losses and debt continue to burden state discoms despite tariff hikes: Icra, ET EnergyWorld> accessed 22 December 2024
  3. Bowen, Thomas. Chernyakhovskiy, Ilya. Denholm, Paul. 'Grid Scale Battery Storage: Frequently Asked Questions' (National Renewable Energy Laboratory) < Grid-Scale Battery Storage: Frequently Asked Questions> accessed 14 December 2024
  4. Chari, Mridula 'How Solar Farms Fuel Land Conflict', (Mint, 21 September 2020) < How solar farms fuel land conflicts> accessed 15 December 2024
  5. Campbell, Charlie 'The World's Largest Floating Solar Farm' (Time) < https://time.com/china-massive-floating-solar-field/> accessed 29 December 2024
  6. Department of Economic Affairs, 'Framework for Sovereign Green Bonds Government of India', (4(3)-B(W&M)/2022) < Framework for Sovereign Green Bonds.pdf> accessed 15 December 2024
  7. Environment Protection Agency (US) 'Renewable Electricity Production Tax Credit Information' (2024) < Renewable Electricity Production Tax Credit Information | US EPA> accessed on 26 December 2024
  8. ET Energy World, 'AT&C losses down to 15.4%, billing efficiency hits 87% in FY23: 12th integra' (Economic Times Energy World, 2024)
    <
    https://energy.economictimes.indiatimes.com/news/power/atc-losses-down-to-15-4-billing-efficiency-hits-87-in-fy23-12th-integrated-rating-report/108418905>
  9. Garg, Vibhuti 'The Curious Case of India's Discoms: How Renewable Energy Could Reduce Their Financial Distress' (Institute for Energy Economic and Financial Analysis, 2020) < The-Curious-Case-of-Indias-Discoms_August-2020.pdf>accessed 22 December 2024
  10. Joshi, Arjun 'Government Mulls Feed-in-tariffs For State-Specific Renewable Energy Projects', (Mercom, 14 July 2022) < Government Mulls Feed-in-Tariffs for State-Specific Renewable Energy Projects> accessed 15 December 2024
  11. Kumar, Ashutosh and Anchayil, Anjali. 'Keeping a Distance: India's Approach Towards Investment Treaties' (Kluwer Arbitration Blog, 20 October 2022) < Keeping a Distance: India's Approach towards Investment Treaties - Kluwer Arbitration Blog > accessed 15 December 2024
  12. Ministry of Environment, Forest and Climate Change, Notification G.S.R. 702(E) (12 November 2024)
  13. Ministry of New and Renewable Energy, 'Cabinet approves Viability Gap Funding (VGF) scheme for implementation of Offshore Wind Energy Projects' (Press Information Bureau, 19 June 2024) <Press Release: Press Information Bureau> > accessed 15 December 2024
  14. Ministry of New and Renewable Energy, 'India's achievement in Renewable Energy Capacity' (Press Information Bureau, 21 December 2021) <Press Release: Press Information Bureau > accessed 15 December 2024
  15. Ministry of New and Renewable Energy, 'Solar Overview' (Ministry of New and Renewable Energy (GoI)) < Solar Overview | MINISTRY OF NEW AND RENEWABLE ENERGY | India> accessed om 14 December 2024
  16. Ministry of Power, 'Green Energy Corridor' (Ministry of Power (GoI)) <Green Energy Corridor | Government of India | Ministry of Power> accessed 14 December 2024
  17. Ministry of Power, 'REC Limited and National Investment and Infrastructure Fund Limited to collaborate on funding solutions for renewable energy projects and large infra projects' (Press Information Bureau, 26 January 2024) <Press Release: Press Information Bureau> accessed 15 December 2024
  18. Ministry of Power, 'Smart Grid', (National Smart Grid Mission (GoI) < Smart Grid | National Smart Grid Mission, Ministry of Power, Government of India> accessed 14 December 2024
  19. Ministry of Power, 'Cabinet approves the Scheme titled Viability Gap Funding for development of Battery Energy Storage Systems (BESS)' (Press Information Bureau, 06 September 2023), <Press Release:Press Information Bureau> accessed 15 December 2024
  20. Ministry of Renewable Energy, 'PM-KUSUM Scheme' (Press Release Bureau, 2024) < Press Release:Press Information Bureau> accessed 28 December 2024
  21. Ministry of Power, 'Government of India launches Revamped Distribution Sector Scheme (RDSS) to reduce the Aggregate Technical & Commercial (AT&C) losses to pan-India levels' (Press Release Bureau, 2023) <Press Release: Press Information Bureau> accessed 27 December 2024
  22. Mannur, Sneha. Aggarwal, Saumendra. and Gambhir, Ashwin 'A Comprehensive review of State RPO Framework and regulations: Learning for Effective implementation'( Prayas (Energy Group), 2024) < pdf> accessed 22 December 2024
  23. Mugali, Dayanand A. Sadavar, Maruti. Jamnani, Jyoti, 'The Role of Financial Institutions in Promoting Green Finance and Sustainable Development of India' (International Journal of Research Publication and Review, 2024) <The Role of Financial Institutions in Promoting Green Finance and Sustainable Development of India> accessed 26 December 2024
  24. National Smart Grid Mission 'Partnership to Advance Clean Energy- Development (PACE-D) Technical Assistance Program' (Ministry of Power (GOI), 2018) < Insights-from-SGPP-for-Scaling-Up-Smart-Grids-in-India-February-2018.pdf> accessed on 25 December 2024
  25. Niti Aayog ' Report on India's Renewable Electricity Roadmap 2030' (Niti Aayog (GoI), February 2015)< Report-onIndiaRenewableElectricityRoadmap2030.pdf> accessed 14 December 2024
  26. Prayas (Energy Group), 'Compliance Overview' (India r.e., 2023) < org/rpo/compliance-visualisation/compliance-overview> accessed 21 December 2024
  27. Raghavan, Prabha and Sasi, Anil ' UDAY Scheme Loses Power, Sharp Spike in Discom Losses' (Indian Express, 2019) < UDAY scheme loses power, sharp spike in discom losses | Delhi News - The Indian Express> accessed on 27 December 2024
  28. Sidhu, Gagan and Jain, Saloni 'Rebooting Renewable Energy Certificates for a Balanced Energy Transition in India' (Centre for Energy Finance, 2021) < Rebooting Renewable Energy Certificates for a Balanced Energy Transition in India | CEF Publications>
  29. Singh, Jaivir. Shreeti, Vatsala and Urdhwareshe, Parnil 'The Impact of Bilateral Investment Treaties on FDI Inflow into India: Some Empirical Results' (Indian Council for Research on International Econmomic Relations, June 2020) < ES-The_Impact_of_Bilateral_InvestmentTreaties.pdf > accessed 15 December 2024
  30. Smart Grid Index ' Catalysing Smarter & Greener Grid' (SP Group, 2022) < 30012023 Draft SGI brochure [Final]> assessed on 25 December 2024
  31. Thomas-Peter, Hannah 'Britons paying hundreds of millions to turn off wind turbines as network can't handle the power they make on the windiest days' (Sky News, 28 February 2023) < Britons paying hundreds of millions to turn off wind turbines as network can't handle the power they make on the windiest days | Sky News> accessed 14 December 2024
  32. US Department of the Treasury 'U.S. Department of the Treasury Releases Final Rules on Investment Tax Credit to Produce Clean Power, Strengthen Clean Energy Economy' (2024) <S. Department of the Treasury Releases Final Rules on Investment Tax Credit to Produce Clean Power, Strengthen Clean Energy Economy | U.S. Department of the Treasury> accessed on 26 December 2024
  33. US department of Energy, 'Agrivoltaics: Solar and Agriculture Co-location' < Agrivoltaics: Solar and Agriculture Co-Location | Department of Energy> accessed 28 December 2024

Footnotes

1. Renewable Energy, 'India gets US $386 Billion Funding to Expand Renewable Energy Capacity by 2030' (The Business Times, 2024) India gets US$386 billion funding to expand renewable energy capacity by 2030 accessed 30 December 2024

2. Ministry of New and Renewable Energy, 'India's Renewable Energy Capacity Hits New Milestone' (Press Release Bureau, 2024) Press Release:Press Information Bureau accessed on 30 December 2024

3. Ibid

4. Ministry of Power, '5000 GW Non-fossil Fuel Target' (Government of India) 500GW Nonfossil Fuel Target | Government of India | Ministry of Power accessed 30 December 2024

5. Hannah Thomas-Peter, 'Britons paying hundreds of millions to turn off wind turbines as network can't handle the power they make on the windiest days' (Sky News, 28 February 2023) Britons paying hundreds of millions to turn off wind turbines as network can't handle the power they make on the windiest days | Sky News> accessed 14 December 2024

6. Ministry of Power, 'Smart Grid', (National Smart Grid Mission (GoI) Smart Grid | National Smart Grid Mission, Ministry of Power, Government of India accessed 14 December 2024

7. Thomas Bowen, and others , 'Grid Scale Battery Storage: Frequently Asked Questions' (National Renewable Energy Laboratory) Grid-Scale Battery Storage: Frequently Asked Questions accessed 14 December 2024

8. Smart Grid Index ' Catalysing Smarter & Greener Grid' (SP Group, 2022) 30012023 Draft SGI brochure [Final] assessed on 25 December 2024

9. National Smart Grid Mission 'Partnership to Advance Clean Energy- Development (PACE-D) Technical Assistance Program' (Ministry of Power (GOI), 2018) Insights-from-SGPP-for-Scaling-Up-Smart-Grids-in-India-February-2018.pdf accessed on 25 December 2024

10. Niti Aayog ' Report on India's Renewable Electricity Roadmap 2030' (Niti Aayog (GoI), February 2015) Report-onIndiaRenewableElectricityRoadmap2030.pdf accessed 14 December 2024

11. Ashutosh Kumar and Anjali Anchayil, 'Keeping a Distance: India's Approach Towards Investment Treaties' (Kluwer Arbitration Blog, 20 October 2022) Keeping a Distance: India's Approach towards Investment Treaties - Kluwer Arbitration Blog accessed 15 December 2024

12. Jaivir Singh, and others, 'The Impact of Bilateral Investment Treaties on FDI Inflow into India: Some Empirical Results' (Indian Council for Research on International Econmomic Relations, June 2020) < ES-The_Impact_of_Bilateral_InvestmentTreaties.pdf > accessed 15 December 2024

13. Dayanand A Mugali and others, 'The Role of Financial Institutions in Promoting Green Finance and Sustainable Development of India' (International Journal of Research Publication and Review, 2024) The Role of Financial Institutions in Promoting Green Finance and Sustainable Development of India accessed 26 December 2024

14. Ibid

15. Department of Economic Affairs, 'Framework for Sovereign Green Bonds Government of India', (4(3)-B(W&M)/2022) Framework for Sovereign Green Bonds.pdf accessed 15 December 2024

16. Ministry of Power, 'REC Limited and National Investment and Infrastructure Fund Limited to collaborate on funding solutions for renewable energy projects and large infra projects' (Press Information Bureau, 26 January 2024) Press Release: Press Information Bureau accessed 15 December 2024

17. Ministry of New and Renewable Energy, 'Cabinet approves Viability Gap Funding (VGF) scheme for implementation of Offshore Wind Energy Projects' (Press Information Bureau, 19 June 2024) Press Release: Press Information Bureau> accessed 15 December 2024

18. Ministry of Power, 'Cabinet approves the Scheme titled Viability Gap Funding for development of Battery Energy Storage Systems (BESS)' (Press Information Bureau, 06 September 2023), Press Release:Press Information Bureau accessed 15 December 2024

19. Ministry of New and Renewable Energy, 'India's achievement in Renewable Energy Capacity' (Press Information Bureau, 21 December 2021) Press Release: Press Information Bureau accessed 15 December 2024

20. Arjun Joshi, 'Government Mulls Feed-in-tariffs For State-Specific Renewable Energy Projects', (Mercom, 14 July 2022) Government Mulls Feed-in-Tariffs for State-Specific Renewable Energy Projects accessed 15 December 2024

21. Notification G.S.R. 702(E), (Ministry of Environment, Forest and Climate Change 12 November 2024)

22. Environment Protection Agency (US) 'Renewable Electricity Production Tax Credit Information' (2024) Renewable Electricity Production Tax Credit Information | US EPA accessed on 26 December 2024

23. US Department of the Treasury 'U.S. Department of the Treasury Releases Final Rules on Investment Tax Credit to Produce Clean Power, Strengthen Clean Energy Economy' (2024) U.S. Department of the Treasury Releases Final Rules on Investment Tax Credit to Produce Clean Power, Strengthen Clean Energy Economy | U.S. Department of the Treasury accessed on 26 December 2024

24. Niti Aayog ' Report on India's Renewable Electricity Roadmap 2030' (Niti Aayog (GoI), February 2015)Report-onIndiaRenewableElectricityRoadmap2030.pdf accessed 14 December 2024

25. Mridula Chari, 'How Solar Farms Fuel Land Conflict', (Mint, 21 September 2020) How solar farms fuel land conflicts accessed 15 December 2024

26. M.K. Ranjitsinh & Ors. v. Union of India & Ors. 2024 INSC 280

27. Niti Aayog ' Report on India's Renewable Electricity Roadmap 2030' (Niti Aayog (GoI), February 2015) Report-onIndiaRenewableElectricityRoadmap2030.pdf accessed 14 December 2024

28. US department of Energy, 'Agrivoltaics: Solar and Agriculture Co-location' Agrivoltaics: Solar and Agriculture Co-Location | Department of Energy accessed 28 December 2024

29. Ministry of Renewable Energy, 'PM-KUSUM Scheme' (Press Release Bureau, 2024) Press Release:Press Information Bureau accessed 28 December 2024

30. Charlie Campbell, 'The World's Largest Floating Solar Farm' (Time) https://time.com/china-massive-floating-solar-field/ accessed 29 December 2024

31. Ibid, the Floating solar Farms have many benefits: Lower temperatures simply by being on water boosts efficiency by up to 10%; the lack of surrounding dust and dirt means panels stay clean longer; using the below water to clean panels is easy and minimizes waste; if installed on a drinking-water reservoir, the solar panels actually reduce deleterious evaporation; and expanses of water are underutilized and thus cheap.

32. Sankei Shimbun, 'Vertical Solar Panels: An Innovative and Space Saving Option for Japan' (Japan Forward, 2023) Vertical Solar Panels: An Innovative and Space-Saving Option for Japan | JAPAN Forward accessed 30 December 2024.

33. Ministry of New and Renewable Energy, 'Solar Overview' (Ministry of New and Renewable Energy (GoI)) Solar Overview | MINISTRY OF NEW AND RENEWABLE ENERGY | India accessed om 14 December 2024

34. 17th Report Standing Committee on Energy(2020-2021), 'Action Plan For Achievement of 175 Gigawatt (GW) Renewable Energy Target' (Ministry of New and Renewable Energy, 2021) 17_Energy_17.pdf accessed 21 December 2024

35. Ibid

36. Prayas (Energy Group), 'Compliance Overview' (India r.e., 2023) indiaredata.org/rpo/compliance-visualisation/compliance-overview accessed 21 December 2024

37. Gagan Sidhu and others, 'Rebooting Renewable Energy Certificates for a Balanced Energy Transition in India' (Centre for Energy Finance, 2021) Rebooting Renewable Energy Certificates for a Balanced Energy Transition in India | CEF Publications

38. Ibid

39. Vibhuti Garg, 'The Curious Case of India's Discoms: How Renewable Energy Could Reduce Their Financial Distress' (Institute for Energy Economic and Financial Analysis, 2020) The-Curious-Case-of-Indias-Discoms_August-2020.pdf accessed 22 December 2024

40. Ibid

41. Sneha Mannur and others, 'A Comprehensive review of State RPO Framework and regulations: Learning for Effective implementation'( Prayas (Energy Group), 2024) A_comprehensive_review_of_State_RPO_framework_and_regulations.pdf accessed 22 December 2024

42. Ibid

43. ET Energy World, 'AT&C losses down to 15.4%, billing efficiency hits 87% in FY23: 12th integra' (Economic Times Energy World, 2024)
https://energy.economictimes.indiatimes.com/news/power/atc-losses-down-to-15-4-billing-efficiency-hits-87-in-fy23-12th-integrated-rating-report/108418905

44. Saurav Anand, 'High Losses and Debt Continue to Burden State Discoms Despite Tariff Hikes: ICRA' (Economic Times Energy World, 2024) High losses and debt continue to burden state discoms despite tariff hikes: Icra, ET EnergyWorld accessed 22 December 2024

45. Sneha Mannur and others, 'A Comprehensive review of State RPO Framework and regulations: Learning for Effective implementation'( Prayas (Energy Group), 2024) Review of state RPO framework and Regulations accessed 22 December 2024

46. Office Memorandum No. 06/02/2015-NEF/FRP ' UDAY Scheme for Operational and Financial Turnabout of Power Distribution Companies (Ministry of Power (GOI), 2015) Uday Operational and financial Turnaround_of DISCOMS accessed 27 December 2024

47. Prabha Raghavan and Others, ' UDAY Scheme Loses Power, Sharp Spike in Discom Losses' (Indian Express, 2019) UDAY scheme loses power, sharp spike in discom losses | Delhi News - The Indian Express accessed on 27 December 2024

48. Ministry of Power, 'Government of India launches Revamped Distribution Sector Scheme (RDSS) to reduce the Aggregate Technical & Commercial (AT&C) losses to pan-India levels' (Press Release Bureau, 2023) Press Release: Press Information Bureau accessed 27 December 2024

49. Ibid

50. Ibid

51. Appeal No. 258 of 2013

52. 2015 SCC 12 611

Co-authored with Raheel Kohli, who is an experienced independent disputes practitioner with over 14 years of expertise in regulatory and commercial litigation and Zenobia Sood, who is a final year law student at O.P Jindal Global University

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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