Regulatory framework for India's energy security and sustainability

Abstract

India is enhancing domestic coal production to provide affordable electricity to its people even as it is committed to the responsible use of coal in power plants incorporating the latest clean coal technologies. However, the current regulatory framework for coal mines in India entails a multiplicity of laws, overlap of jurisdictions, duplicity of procedures and inadequate enforcement of environmental laws, which do not augur well for the sustainable development of India's energy security. Harmonization of laws, policies, procedures, and authorities engaged in mining, forest, and environmental governance of coal mines is critical to achieving India's Sustainable Development Goals. This paper examines the legal provisions related to environmental regulation of coal mines in India to identify the thorny issues in the extant regulatory framework. We then propose a comprehensive regulatory framework that includes the constitution of an independent Coal Mines Environment Authority to minimize the adverse environmental impact of coal mines through an integrated approach that will enhance the effectiveness, efficiency, and transparency in the environmental governance of coal mines. The paper outlines the composition and functioning of the proposed Authority which may provide pointers for other coal-producing countries seeking to improve the environmental regulation of their coal mines.