India: Energy Law

This newsletter examines landmark Supreme Court rulings on Change in Law provisions in power procurement contracts and the treatment of Generation Based Incentives in renewable energy tariff determination.

The Ministry of New and Renewable Energy (“MNRE”) vide office memorandum dated 11.04.2026, has issued a clarification stating that No-Objection Certificate (“NOC”) is not required in certain cases under the Firm and Dispatchable Renewable Energy (“FDRE”) Standard Bidding Guidelines (“FDRE Bidding Guidelines”).

The Appellate Tribunal for Electricity (“APTEL”), vide judgment dated 06.04.2026 in Review Petition No. 5 of 2025 in Appeal No. 126 of 2022 (“Review Petition”) partly allowed the Review Petition granting carrying cost on liquidated damages while reaffirming the limited scope of intervention in review proceedings.

The concept emerged from international climate architecture - first under the Kyoto Protocol, 1997, which introduced market-based mechanisms such as the Clean Development Mechanism, allowing developed countries to offset emissions by investing in reduction projects in developing nations, and subsequently under the Paris Agreement, 2015, which commits signatory nations to achieving their self-declared Nationally Determined Contributions (NDCs) towards limiting global temperature rise.

The Ministry of Power has notified the Electricity (Amendment) Rules, 2026 (2026 Amendment) on 13 March 2026, amending Rule 3 of the Electricity Rules, 2005 (Electricity Rules). The 2026 Amendment comes at a significant moment when India's commercial and industrial consumers have increasingly turned to group captive renewable energy projects as a cost-effective route to procure green power, and the captive power sector has grown substantially in scale and sophistication over the past decade

India’s move towards a clean energy future has resulted in the development of innovative market instruments that will help facilitate the growth of renewable energy while meeting obligations imposed on obligated entities.

Environmental, Social, and Governance (ESG) principles have rapidly evolved from a niche compliance requirement to an essential strategic priority in the Indian...

We are pleased to present the fourth edition of the Infrastructure, Projects and Energy Newsletter. This edition captures the major judicial pronouncements...

For the past several decades, the nuclear energy regime in India has been predominantly State-dominated, with the private sector participating in a limited manner in EPC contracts and component supply under the supervision of the Nuclear Power Corporation of India Limited.