DefinePK

Abstract

The relationship between the importance of building a society with dignity of life and national economic development which will result in people living in a clean and green environment without pollution, having prosperity without poverty, peace without fear of war and a happy place to live for all citizens of nation.”
— Dr. APJ Abdul Kalam
The paper discusses the interface of the present Environment law with the ever-growing energy law in India. Environment law today predominantly consists of the Air Act2, Water Act3, Environmental Protection Act4(umbrella legislation) and the Forest Act5.The Energy law regime in India is deeply characterized by the Electricity Act6. The Electricity Act, 2003 opens the door to immense possibilities in unleashing competition and trading, but at the same time opens a new area of policy risk, which it is supposed to mitigate. The act has an enabling framework to introduce competition in generation, and privatization in distribution, but work in terms of addressing transition issues remain undone.7 Both streams of law lay emphasis upon having a future that can sustain at the present conditions, if not better and certainly not worse.Environment law puts it forward in terms of preexisting norms and energy law speaks of the same in terms of what has been produced and transmitted and what is to further entail. What we are talking about is the nature and application of energy production and effects it has on the environment,with reference to renewable energy and sustainable development. Then extpoint of discussion that emerges is of overlap of the two laws, i.e. environmental concerns raised by energy production. Lastly, this paper seeks to justify and provide plausible solutions to the dearth of legislation in this field and a humble advice for the procurement and establishing of a statutory frame work in keeping with this goal.