The Karnataka High Court struck down the Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022. The Court stated that according to the Electricity Act of 2003, only state commissions such as the Karnataka Electricity Regulatory Commission (KERC) have the authority to manage tariffs and open access.
Justice N S Sanjay Gowda remarked that the Act guarantees independent regulation without government interference. While recognizing India’s commitments to achieving net-zero emissions, the Court noted that Article 253 does not supersede existing legislation.
It instructed KERC to create new regulations if necessary and consider providing annual banking options for renewable energy producers, upholding the Act’s purpose of empowering state regulators.
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