New Delhi: The high court of Karnataka has struck down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022, with the court saying that the Centre lacked the legislative competence to frame the rules.

The rules were framed for promoting generation, purchase, and consumption of green energy, including the energy from waste-to-energy plants through open access with a goal of reaching net-zero emission by 2070 as per international climate commitment.

“Since the power to regulate the transmission, determination and, more specifically, all aspects relating to open access is conferred exclusively on the State electricity commission under Sections 42(2) and 181 of the Act, it is obvious that all aspects of open access lie within the exclusive domain of the State commission,” said the court in its judgment, reported The Hindu.

The order was passed by Justice N.S. Sanjay Gowda while partly allowing the petitions of Brindavan Hyderopower Pvt. Ltd., and 12 other hydropower generating companies.

“To put it differently, Parliament is empowered to amend the Electricity Act if it [the Centre] is of the view that the nation has to implement any international treaty that it had signed. Unless the Electricity Act is amended and the Central government is empowered to frame rules under the said amendment, the Union cannot use the commitment given by it to achieve net-zero emission to frame rules in transgression of an existing law,” said the court.

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