High time to revisit the Electric Vehicles policy of 2020: SC to Centre

The Supreme Court (SC) on Thursday observed that the government should revisit the National Electric Mobility Mission Plan (NEMMP) 2020 to accelerate electric vehicle adoption, adding that a pilot project should be considered for major metropolitan cities.

 

According to a LiveLaw report, the apex court continued hearing a public interest litigation (PIL) seeking the promotion and implementation of electric vehicle policies.

 

Appearing before a two-judge bench comprising Justice Surya Kant and Justice Joymalya Bagchi, Advocate Prashant Bhushan said the petitioners were seeking directions under the central government's declared policy, which offers rebates on electric vehicle purchases to help offset their higher upfront costs.

 

 

What is the case background?

 

The apex court was hearing a PIL, which was initially filed in 2019 by Centre for Public Interest Litigation, Common Cause, and SitaRam Jindal Foundation. The petitioners argued that citizens’ fundamental rights to health and a clean environment under Articles 14 and 21 are being undermined because the government has failed to adequately address climate change and air pollution, partly driven by emissions from fossil fuel-based vehicles.

 

They sought directions to the Centre to implement the NEMMP, introduced in 2012 by the Ministry of Heavy Industries, along with the recommendations of Zero Emission Vehicles: Towards a Policy Framework, issued by NITI Aayog in September 2018.

 

The petition highlighted that the burning of fossil fuels contributed significantly to the buildup of greenhouse gases, thereby leading to global warming, climate change, and air pollution.

 

What did petitioners say?

 

Bhushan noted, "Therefore, the proposal of the NITI Aayog was that you give some incentives so that the upfront cost gets reduced. Second, you give various tax exemptions so that road tax and others are exempted from the electric vehicles, which are non-polluting. Then you mandate all government vehicles to be electric vehicles. Then there was a recommendation that there should be mandatory charging points. Today, this is also a bottleneck, the need for charging points."

 

Court's response

 

Justice Surya Kant observed that the matter involves “market-force related issues.” He noted that charging points could be accommodated at existing petrol pumps and bus stations.

 

He, however, concurred with Attorney General R Venkataramani that achieving a full transition to electric mobility is a “major policy decision” that requires weighing several considerations, including whether all sections of the population can afford electric vehicles.

 

"Passage of time of more than 5 years. Even the policy may be required to be revisited...somewhere you have to start a pilot project. Or maybe in respect of the metropolitan cities like Delhi, Mumbai, Kolkata, Madras, Bengaluru", Justice Kant noted.

 

AG Venkataramani informed the apex court that a comprehensive report, specifying all notifications that have been issued and how they have been facilitated, will be placed.

 

The court ordered, "There are 13 Ministries of the Union of India actively participating in the project for promotion and adoption of electric vehicles. Post the matter after 4 weeks."