Team  SoOLEGAL

SUPREME COURT DIRECTS CENTRE TO SUBMIT COURSE OF ACTION FOR ADOPTING 'ELECTRIC VEHICLES'

Team SoOLEGAL 7 Mar 2019 2:07pm

SUPREME COURT DIRECTS CENTRE TO SUBMIT COURSE OF ACTION FOR ADOPTING 'ELECTRIC VEHICLES'

A petition has been jointly filed by the Centre for Public Interest Litigation, NGO Common Cause and Sita Ram Jindal Foundation in regards of the Government releasing National Electric Mobility Mission Plan, 2020 in 2012 and reco0mmending adoption of electric vehicles. The plan also suggests the switching of government fleets and public transportation to electric vehicles; the consumers be provided with subsidies on purchasing electric vehicles; tax incentives be given etc. The need of creating requisite charging structure in parking areas, malls, buildings, apartments etc. was also expressed.

The petition strongly relies on Niti Aayog's policy framework on Zero Emission Vehicles also. It emphasizes that electric vehicles alleviate the effects of pollution, in terms of the total 'life cycle' cost of ownership as well as 'life cycle' emission of pollution vis-a-vis fossil fuel based vehicles.
In the petition, it is submitted that

Ø  the Government promulgated the FAME-India scheme. The consumers are provided with no subsidies under the Scheme, as suggested earlier. Hence, the scheme failed in mandating demand charging infrastructure.

Ø  0.263 million vehicles have been sold as of January, 2019 despite of the target set as 7 million as per 2012 plan. This indicates a major failure of implementation of the scheme.

Ø  Less than 600 crores have been invested by the Government in the 7 years, despite the decision of investing 14,500 crores to give a push to the demand and creation of the charging infrastructure.

The final contention of the petitioners was:
"Articles 39(e), 47 and 48 of Constitution of India collectively cast a duty on the State to secure the health of the people, improve public health, and protect and improve the environment. The lack of effort on the part of the enforcement agencies, notwithstanding adequate laws has resulted into spiraling pollution levels. The quality of air is steadily decreasing and no effective steps have been taken by the administration in this behalf……government has abdicated its duty to protect the citizens right to health and clean environment under Article 14 and Article 21. Governmental apathy in suitably implementing there commendations of it's own agencies has led to spiralling emissions from fossil fuel based vehicles contributing to the problems of Climate Change and Air Pollution turning our cities into virtual 'gas chambers'."

The petitioners demands implementation of the FAME-India scheme and Niti Aayog's recommendations, as well as adoption of internationally recognised best practices for integration of usage of electric vehicles.
To the petition, the Supreme Court bench comprising Chief Justice of India Ranjan Gogoi and Justice Sanjiv Khanna directed Centre to provide the Court with implementation of the plans and policies for adoption of electric vehicles to tackle air pollution and climate change.

Tagged: ElectricVehicle   Petition   SupremeCourt   NitiAayog   CJIRanjanGogoi   JusticeSanjivKhanna  
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