W.P. (C) 228/2019
Petition seeking directions to implement the recommendations of the National Electric Mobility Mission Plan, 2020

Common Cause has partnered with CPIL and Jindal Naturecure Institute to seek directions for the implementation of the recommendations of the National Electric Mobility Mission Plan, 2020, promulgated in 2012 by the Ministry of Heavy Industries (nodal agency for the automobile sector), and the recommendations of Zero Emission Vehicles: Towards a Policy Framework, promulgated in September of 2019 by the Niti Aayog to curb the problems of Climate Change, Air pollution, and cost of importing fossil fuels to India.

Government’s failure to suitably implement these recommendations is the direct cause of air pollution levels that have turned our cities into virtual ‘gas chambers’ having severe negative health impacts on the lives of citizens and especially those of our children.

This petition has been filed under Article 32 as fundamental rights of citizens to health and clean environment guaranteed under Article 14 and Article 21 of the Constitution of India are being violated due to governmental apathy in mitigating the impact of Climate Change and Air Pollution partly attributable to emissions from vehicles that burn fossil fuels.

The petitioner's have inter alia sought directions to mandate demand, creation of requisite charging infrastructure and cross subsidization of Electric Vehicles by charging marginal fee on fossil fuel based vehicles as recommended by Niti Aayog to promote gradual adoption of Electric Vehicles.

On March 5, 2019, taking note of the contentions of the petitioners, the bench consisting Chief Justice of India Ranjan Gogoi and Justice Sanjiv Khanna has ordered the government to apprise it of the status of implementation of the FAME-India scheme.

On January 17, 2020, the Ministry of Road Transport & Highways of India through its Secretary, Govt. of India has been impleaded as a respondent in the petition and the Bench consisting Chief Justice and Justices Gavai and Surya Kant, has issued a notice to the newly added respondent.

The matter is to be listed alongside Suo Motu Writ Petition(Civil) No. 4/2019.

On February 19, 2020, the bench consisting the Chief Justice and Justices Gavai and Surya Kant discussed that the issue of use of electric vehicles is connected to several other issues which are pending before the Court. The bench observed that issues pertaining to the source of power of public and private electric vehicles have a great impact on the environment of the whole country and all such issues must be discussed simultaneously. The court has sought the assistance of authorities empowered with decision-making specifically on the following:

  1. procurement of electric vehicles;
  2. providing charging ports;
  3. feebate system, i.e, imposing fee on vehicles with high emissions and providing a subsidy on electric vehicles;
  4. use of hydrogen vehicles;
  5. any other alternate means of power for vehicles;
  6. overall impact on import and environment.

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WP(C) 228 of 2019