The Procedural Limits of the Inter-State River Water Disputes Act: The Need for Scientific and Equitable Apportionment Frameworks
Written by Mahvish Kazmi, Programme Manager, Kautilya Society, Vidhi Centre for Legal Policy & Gaurav Kumar Mandal, Student Convenor at KS- NUSRL & student at the National University of Study and Research in Law, Ranchi Abstract India’s interstate river water disputes reveal the complex intersection of constitutional mechanisms, statutory frameworks, and ecological concerns. While Article 262 and the Interstate River Water Disputes Act, 1956, provide a procedural framework for adjudicating disputes through tribunals, the focus has remained on administrative allocation of water based on historical usage, irrigated area, and crop patterns. Environmental principles such as sustainable development, ecological flows, and long-term climate considerations remain marginalised within this system. Case studies from the Cauvery, Krishna, Mahadayi, and Vamsadhara disputes show tribunals’ limited engagement with ecological health and biodiversity. This article argues for reform by incorporating multidisciplinary expertise, mandating environmental impact assessments, and adopting a science-based methodology for equitable and sustainable water sharing. Only by embedding environmental jurisprudence into interstate dispute resolution can India safeguard both its people’s needs and the ecological integrity of its rivers. India has more than 400 rivers across the subcontinent which are majorly classified into Himalayan, Deccan, Coastal and Inland. A whooping 65% of the Indian population is heavily dependent on water which also leads to water distribution disputes amongst states. The recent Punjab-Haryana water dispute has resurfaced another inter-State conflict concerning the equitable sharing of surplus waters from the Ravi and Beas rivers. This involves Haryana’s challenge in accessing its share due to the non-completion of the Sutlej-Yamuna Link (SYL) Canal. Recently, Haryana reported a sharp decline in water supply from the Bhakra dam and requested the Bhakra Beas Management Board (BBMB) to increase its allocation. The Punjab government opposed this, arguing dam levels were critically low and Haryana had exceeded its share for the depletion period. Despite a partial approval by BBMB and advice from the Centre, the BBMB subsequently cut Haryana’s allocation, citing low reservoir levels, resulting in a continuing deadlock. The BBMB is empowered by the River Boards Act, 1956 (RB Act) to provide for the establishment of River Boards. The core purpose of the Act is the regulation and development of inter-State rivers and river valleys. Under the RB Act, the Central Government may establish a River Board for advising the Governments interested (Governments of States likely to be interested in or affected by the Board’s functions) concerning the regulation or development of a specified inter-State river or river valley, and for performing other functions. Different Boards are established for different inter-State rivers or river valleys. While the procedural limitations are mentioned in the Act, it is imperative to note that bias in terms of political influence, vested interest and differing priorities among states could lead to biased decisions. Picture Description: India’s interstate river water disputes. The Central Government empowers the Board to perform specific functions under Section 13, which include advising Governments interested on matters concerning regulation and development, such as co-ordinating activities, conserving water resources, promoting schemes for irrigation, water supply, drainage, hydro-electric power development, flood control, navigation, afforestation, soil erosion control, and pollution prevention. The Board may also be empowered to prepare schemes, including multi-purpose schemes, for regulating or developing the inter-State river or river valley, and advise the Governments interested to execute these schemes. The Board has general powers within its area of operation, including acquiring and disposing of property, undertaking investigations, inspecting works, conducting research, collecting data, and publishing information. It can also require Governments interested to furnish information. The powers of these Tribunals can be traced in the constitutional framework, particularly Article 262, and the Interstate River Water Disputes Act, 1956 (ISRWD Act). Article 262 grants Parliament the power to legislate for the adjudication of disputes concerning the use, distribution, or control of waters in interstate rivers and river valleys. Notably, Article 262(2) allows Parliament to exclude the jurisdiction of the Supreme Court and other courts in such disputes. This is reflected in Section 11 of the ISRWD Act, which states that neither the Supreme Court nor any other court shall have jurisdiction over water disputes referred to a Tribunal under this Act. While water is primarily a State subject under Entry 17 of the State List, the Constitution provides these mechanisms for Union intervention when inter-state interests are involved. The ISRWD Act of 1956 serves as a primary statutory framework for addressing these disputes. It provides for the constitution of ad hoc water dispute tribunals when the Central Government is satisfied that a dispute cannot be resolved through negotiation such as the BBMB. The process begins when a State Government lodges a complaint with the Central Government, stating that a water dispute has arisen or is likely to arise because its interests in the inter-State river waters have been or are likely to be prejudicially affected by another State’s executive action, legislation, failure to act, or failure to implement agreement terms. The State Government requests the Central Government to refer the dispute to a Tribunal for adjudication in a prescribed form and manner. Upon receiving such a request, if the Central Government is of the opinion that the water dispute cannot be settled by negotiations, it shall, within a period not exceeding one year, constitute a Water Disputes Tribunal for the adjudication of that specific dispute. Once constituted, the Central Government shall refer the water dispute and any connected or relevant matters to the Tribunal for adjudication.There have been 9 tribunals constituted out of which 5 have been disposed and 4 are active. The tribunals are tasked with investigating the matters referred to it. It must forward a report setting out its findings and decision to the Central Government within a period of three years, which can be extended by the Central Government by a further period not exceeding two years for unavoidable reasons. If, after considering the decision, the Central or a State Government requires an explanation or guidance on a point not originally referred, they may refer the matter back to the
Green Infrastructure: Building Resilient and Sustainable Cities in the Face of Climate ChangeGreen infrastructure
Written by Bhumika Rani student at Amity University Jharkhand Abstract The rapidly rising temperatures have accelerated the effects of climate Change. Green infrastructure (GI) has become a viable and affordable Solution to these problems, incorporating natural systems into the urban Fabric. This essay examines the concept, significance, components, and our potential contributions to the proper shaping of green infrastructure, as well as its alignment with the main Sustainable Development Goals. While it may seem challenging to implement such changes, data shows that green Infrastructure is essential for improving urban resilience, promoting Ecological health, and shaping sustainable cities. Given the increasing Uncertainty of our environmental future, the conclusion of this essay Emphasizes the necessity of adopting GI methods. Introduction Green infrastructure refers to a network of natural and semi-natural Systems that help in the management of rainwater, reduce urban heat, Support biodiversity, and provide a healthier surrounding, which not only Mitigates environmental impacts but also offers other benefits like Enhancement of public health and economic advances. The study and Implementation of green infrastructure will be the steps that pave our way Towards a more sustainable and inclusive future. According to NOAA’s 2023 Annual Climate Report, the combined land and ocean temperature has Increased at an average rate of 0.11° Fahrenheit (0.06° Celsius) per decade Since 1850, or about 2° F in total. The rate of warming since 1982 is more Than three times as fast: 0.36° F (0.20° C) per decade. These alarming numbers highlight the rate at which we are accelerating toward global warming, not only rising temperatures, but also air and water pollution, biodiversity loss, and many such issues are a sign that taking immediate action is the need of the hour. Green infrastructure comes as the right solution to these problems, as the traditional ‘grey’ infrastructure seems to be inadequate in several situations, whose consequences are not just faced by humans, but by our whole ecosystem. Significance of GI Green Infrastructure is crucial in today’s world, as is the importance of studying it. Understanding GI helps design cities and develop solutions like urban cooling, flood control, and carbon sequestration. Understanding GI reveals how green spaces improve public well-being and help in urban planning and policy making, which encourages innovation and green jobs. There is great importance of GI as it not only helps us to tackle environmental issues but also has economic and social benefits. GI mainly helps in reducing pollution as it filters out air and water pollution, manages storm water by providing permeable surfaces like green roofs and rain gardens, and enhances biodiversity by serving as habitats for wildlife, which promotes ecological balance. Along with this, it is cost-effective compared to traditional “grey” infrastructure and also boosts property value by making the neighbourhood attractive. The green surroundings offer people improved mental health and encourage them for physical activities , ensuring their overall well-being. Components of Green Infrastructure Many components of GI work together to create a connected and multifunctional landscape that benefits both the environment and people. It consists of Green Spaces like parks, community gardens, and urban forests that’s provides cooling and purification of air as well as supports local food production; Vegetated Systems like Green Roofs, green walls, rain gardens and bios wale that helps in purifying air and directing storm water; Tree canopy and permeable surfaces along streets and park That help reducing urban heat and willows water to seep into the ground; Wetlands and water bodies likes ponds, lakes, and rivers to maintain Ground water levels and green corridors and networks that connects parks And open spaces which will supports wildlife movement. Green Infrastructure’s Role in Climate Change Adaptation Green infrastructure causes a huge impact on communities’ ability to Adapt to climate change. Trees, green roofs, and various forms of Vegetation help in reducing urban heat through shading and evapotranspiration. Their soils capture carbon, contributing to adaptation to climate change, and they also contribute to reducing the risk of floods When intense rainfall and storms occur, making it an effective rainwater Management aid. The implications of green infrastructure enhance the Overall quality of water and air and assist wildlife in naturally adapting to Changing conditions. In conclusion, it can be stated that green infrastructure serves as a Nature-based solution that enhances communities’ capacity to cope with The effects of a rapidly changing climate while ensuring the health, Economy, and well-being of other species. Global Examples of Green Infrastructure Green Infrastructure has shown how effective it is by serving several Functions like urban cooling, flood control, and biodiversity enhancement, And these could be seen globally. In New York City, USA, GI initiatives Include multiple rain gardens and green roofs, which help manage sewer Overflow and urban heat while improving air quality. In Singapore, the “Gardens by the Bay” features vertical gardens, Green roofs, and a network of parks, exemplifying the integration of ecology With architecture. Likewise, London’s Green Grid links woodlands, parks, And wetlands throughout the city, effectively managing storm water and Promoting urban cooling. Several such worldwide examples of GI include Denmark’s Climate-Resilient Neighbourhoods, which handle extreme rainfall and reduce floods. Melbourne’s expanded tree canopy, to tackle climate change. The Netherlands’ multipurpose public spaces, like Playgrounds that also serve as water retention areas, help in rainwater management. Green Infrastructure’s connection to the SDGs The United Nations Sustainable Development Goals (SDGs) advocate for Environmental protection, social well-being, and economic sustainability, Which is deeply connected to the concept of Green Infrastructure. There are 17 key Global Goals for sustainable development as identified by the SDGs. SDG 3, titled Good Health and Well-Being, emphasises that Green spaces enhance both mental and physical health. SDG 6, which Pertains to Clean Water and Sanitation, recognises that green Infrastructure such as wetlands, bios wales, and permeable pavements Effectively filter pollutants, thereby aiding in storm water management and Improving water quality. SDG 7, which states Affordable and Clean Energy, And GI highlights that green roofs and walls contribute to improved energy Efficiency by decreasing urban heat. SDG 9,
Environment and Sustainable Development policy : Pathways to a Greenery Future Endeavour
Written by Faijul Islam, Lecturer of Law, Prime University of Bangladesh Introduction The 21st century stands at a critical juncture of success where humanity’s survival and prosperity depend heavily on how we treat the environment in different ways. Environmental degradation, climate change,environmental justice and resource depletion are pressing issues confronting global society for many times.So Sustainable development emerges as the most viable approach to balance economic growth with ecological preservation for the future . This blog explores the intricate relationship between the environment and sustainable development with intergenerational equity with the legal frameworks governing this nexus and the future path for achieving a harmonious balance between human progress and optimistic nature. Understanding Sustainable Development The concept of sustainable development delves global recognition through the 1987 Brundtland Report which defined it as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs with their ability .”[1] Sustainable development emphasizes a balance among three core pillars: economic growth, social inclusion and environmental protection at a same time. While economic development has historically been prioritized by human Being unchecked industrialization has led to severe environmental consequences including deforestation, pollution,famine and biodiversity loss. Sustainable development reorients economic planning to consider log way ecological and social consequences at the end. Environmental Challenges to Sustainability Global environmental challenges are multifaceted and interconnected issues nowadays. Climate change is arguably the most significant threat with rising temperatures, melting glaciers,sea level rising and extreme weather events already impacting millions worldwide drastically . The Intergovernmental Panel on Climate Change (IPCC) has emphasized that global warming must be limited to 1.5°C above pre-industrial levels to avoid catastrophic outcomes severally .[2] Other pressing issues include: Air and water pollution which compromise public health issues and depend on ecosystem integrity. Loss of biodiversity weakening the resilience of natural eco systems Unsustainable land use contributing to soil degradation and desertification of the green measures Plastic pollution, posing threats to marine life and food safety measures These issues necessitate an integrated approach combining science, policy, and law. International Legal Frameworks on Environment and Development International environmental law has evolved to address sustainability through conventions,Avenue, treaties, and soft law instruments. Key international frameworks include: These agreements reflect the growing recognition that environmental issues are transboundary and require collective global nominal action. Sustainable Development Goals (SDGs) In 2015, the United Nations adopted the 2030 Agenda for Sustainable Development which includes 17 Sustainable Development Goals (SDGs). Among them Goal 13 (Climate Action), Goal 14 (Life Below Water), and Goal 15 (Life on Land) directly address environmental sustainability for the common future .[7] These goals promote policies such as reducing carbon footprints from the universe, protecting ecosystems, saving greenery and promoting renewable energy. The SDGs also recognize the interdependence of environmental sustainability with poverty eradication by protecting gender equality, and good governance. Principles of Environmental Law Supporting Sustainability Several key legal principles underpin sustainable environmental governance: The Precautionary Principle: Preventive action should be taken when environmental harm is suspected even in the absence of full scientific credible of certainty.[8] Polluter Pays Principle: Those responsible for pollution should bear the costs of managing it to prevent damage to human health or the environment legacy.[9] Intergenerational Equity: Present generations also must conserve the environment for future generations.[10] Common but Differentiated Responsibilities (CBDR): Acknowledges different capacities and responsibilities of countries in addressing global environmental degradation that directly involved in the man made created probl.[11] These principles are embedded in both international and domestic laws and guide decision-making processes in sustainable development. National Environmental Legislation and Sustainable Policies Many countries have incorporated sustainable development into national law as per their norms. For example: India’s Constitution, under Article 48A and Article 51A(g) mandates the state and citizens to protect and improve the environment by various means.[12] The United States enforces the National Environmental Policy Act (NEPA) which requires environmental assessments for federal development projects.[13] Bangladesh made vulnerable to climate change has adopted the Bangladesh Climate Change Strategy and Action Plan (BCCSAP) to align development with environmental resilience project [14] National governments play a crucial role in implementing sustainability by integrating environmental impact assessments (EIAs), regulating emissions prevented and promoting clean technology movement. Role of Judiciary in Promoting Environmental Justice Our Courts worldwide have played a proactive role in environmental protection measures. In M.C. Mehta v. Union of India, the Indian Supreme Court expanded their intention to prove the scope of the right to life under Article 21 of the Constitution to include the right to a healthy environment.[15] Similarly, in Urgenda Foundation v. State of the Netherlands, a Dutch court ordered the meaning of development relating to the government to cut greenhouse gas emissions, citing obligations under international law and human rights principles.[16] Promoting Judicial activism and public interest litigation have become effective tools in holding governments accountable for environmental protection and sustainable development movement Corporate Responsibility and Green Economy Businesses are also key players in the sustainability agenda involvement . They made initiative on Corporate Social Responsibility (CSR) mandates are increasingly incorporating environmental stewardship.These Concepts such as Environmental, Social,Practical and Governance (ESG) metrics guide sustainable investment. The green economy emphasizes economic growth with minimal environmental impact on society promoting sectors such as renewable energy, sustainable agriculture, and green infrastructure for development .By this way Governments incentivize green business models through tax benefits, subsidies in agriculture and public-private partnerships. Technological Innovation and Sustainability Technological innovation is a critical in transitioning to sustainable development for the future. Renewable energy technologies (solar, wind, hydro), electric vehicles, and sustainable agriculture practices are revolutionizing these resources which we should use. Digital tools, such as Geographic Information Systems (GIS), remote sensing system , and blockchain that enhance transparency and efficiency in making environmental governance. However, the digital divide must be addressed to ensure equitable assessment to access to sustainable technologies across developing countries. Challenges to Achieving Sustainable Development Despite global efforts, several challenges persist: Lack of political will and short-term economic considerations will priorities often undermine long-term environmental
Digging Responsibly: The Legal Side of Sustainable Mining
Written by Keshav Agarwal student at Gujarat National Law University, Gandhinagar Introduction: Can mining fuel progress without wounding the planet? In India, mining powers essentials such as the electricity, steel, smartphones, roads. India, with 95 minerals, is a global mining leader, exporting resources like iron ore, bauxite, chromite, and copper. But behind this industrial might there lies a stark reality: vanishing forests, polluted rivers, displaced communities, and a deepening gender divide. As one of the top five mineral producers by volume, India stands at a crossway. Sure, mining drives GDP and growth—but at what cost? This blog dives into the legal frameworks, sustainability efforts, corporate responsibilities, and social-environmental challenges shaping India’s mining future. The question now isn’t about how much can be mined, but about how responsibly it’s done. Legal and Policy Framework: Building the Foundation for Sustainable Mining The mining industry employs about one million workers, or 4% of India’s workforce. It is governed by numerous central and state laws, mainly the Mines and Minerals (Development and Regulation) Act, 1957 (MMRD), and the Mines Act, 1952. The MMRD regulates the sector under a unified national framework, while the Mines Act focuses on health, safety, and operational standards. While the MMRD Act (1957) provides a unified legal framework, the Mines Act (1952) sets health and safety standards.” Several key environmental laws also play a significant role in regulating mining activities. For instance, the Environment Protection Act of 1986 aims to prevent and control pollution while ensuring the maintenance and restoration of environmental quality, including water resources affected by mining operations. Similarly, the Forest Conservation Act of 1980 restricts the diversion of forest land for non-forest purposes, thereby placing limits on mining in ecologically sensitive areas. But, the Supreme Court in T.N. Godavarman Thirumulpad v. Union of India (1997) emphasized the urgent need for implementation over mere statutory existence. Furthermore, “The National Mineral Policy, 2019” which aims to ensure that minerals, as vital natural resources, are explored, extracted, and managed in alignment with national economic goals. It outlines that it’s the state’s role as a trustee of mineral wealth for advocating for fair and transparent allocation, environmental sustainability, stakeholder participation, and equitable benefit-sharing with affected communities. India has no shortage of sustainability-related laws and regulations. However, their effectiveness is frequently undermined by weak implementation and enforcement mechanisms. Regulatory agencies often lack the resources or autonomy needed to monitor compliance consistently, and penalties for violations are either minimal or poorly enforced. As a result, many companies full-fill only the formal requirements—filing reports or obtaining clearances—without making meaningful changes to reduce their environmental and social impact. Laws achieve lasting impact only when compliance goes beyond box-ticking and becomes a matter of internalized values and proactive practice. Corporate Social Responsibility in Mining: Doing Good or Doing the Minimum? Corporate Social Responsibility (CSR) in India’s mining sector is a legal obligation, but whether it translates into real, lasting impact is a different question altogether. Under Section 135 of the Companies Act, 2013 and the Companies (Corporate Social Responsibility Policy) Rules, 2014, companies above a certain threshold are mandated to spend at least 2% of their average net profits over the previous three years on CSR activities. Mining PSUs like Coal India Ltd. (CIL) have set geographical parameters for this spending, such as allocating 80% of their CSR funds within 25 km of project sites and the remaining 20% within the states they operate in. However, studies reveal that in practice, CSR often takes the form of short-lived, surface-level interventions such as installing water tanks, distributing school kits, building clinics , projects that look good on paper but offer little lasting value once a mine shut down. Most mining companies do not integrate CSR into the overall mine lifecycle, resulting in community support that fades when operations cease. This disjoint becomes especially harmful for vulnerable populations—indigenous groups, women, and informal workers, who are often left with polluted lands and few economic alternatives. True CSR should be rooted in system-building: vocational training, micro-enterprise support, mobile health care, and education that lasts beyond mining activity. For instance, initiatives like those at Tata Steel’s Noamundi mine, where CSR aligns with mine closure and environmental restoration goals, show what’s possible when community development is embedded into core business planning. What ultimately matters is that the CSR must shift from being a compliance checkbox to a strategy for long-term, inclusive development, which could be made possible by several practical steps and legal reforms such as Mandating impact assessments and audits , Linking CSR to mine closure planning, promoting pooled CSR funds , and strengthening monitoring mechanisms. Waste Management: What Happens to All That Dirt? “It might come as a surprise, but in 2015, India recorded the highest number of pollution-related deaths globally.” According to The Lancet, 2.51 million lives were lost due to polluted air, water, and soil which is nearly 28% of global pollution deaths. According to the State of Global Air 2019 report, children born in South Asia today face a potential reduction in life expectancy by up to 2.5 years solely due to exposure to air pollution. Consider the mining industry, not just the familiar image of trucks transporting coal or iron ore, but the often-overlooked environmental consequence: for every tonne of mineral extracted, several tonnes of hazardous waste are generated and left behind, over a billion tonnes each year in India alone, this waste isn’t harmless. We’re talking over burden, tailings, slag, sludge, and dust, all dumped dangerously close to villages and water sources, untreated. So, what can we do? Innovations like geopolymer concrete, sedimentation tanks, and bioremediation show promise but lack widespread adoption. Some companies like Tata Steel are testing these innovations. But unless these become the norm we’re just putting a Band-Aid on a growing crisis which was as also stated in the case of Vellore Citizens Welfare Forum v. Union of India (1996), where the Supreme Court advocated for the “polluter pays” principle, but implementation remains inconsistent. It’s time mining got a sustainability
Green Hydrogen and the Single Bidding Zone Dilemma: Can India and the European Union Align for a Sustainable Future?
Written by Priyanshu Gupta student at National Law Institute University, Bhopal. Introduction Transitioning to a hydrogen-driven economy is increasingly viewed as a critical step toward achieving global decarbonization goals and addressing climate change. Green hydrogen (“GH2”), produced using renewable energy sources, has emerged as a key solution for reducing emissions in sectors that are particularly challenging to decarbonize, such as steel and iron manufacturing, fertilizers, oil refineries, and transportation. Additionally, for industries like aviation and shipping, which face limited alternatives to fossil fuels, GH2 represents one of the most viable pathways to sustainability. This has led to a growing global focus on advancing green hydrogen technologies and integrating them into energy systems. India, in line with its commitment to achieving net-zero emissions by 2070, has adopted a comprehensive approach to energy transformation. Among its strategies, the promotion of GH2 and its derivatives, such as Green Ammonia (“GNH3”), stands out as a significant initiative. Supported by policy measures at both the central and state levels, GH2 is produced primarily through water electrolysis powered by renewable energy and, in some cases, through biomass gasification. These efforts align with India’s broader objectives of reducing reliance on fossil fuels and expanding the use of clean energy in its domestic grid and industrial processes. This article examines the regulatory landscape surrounding GH2 in India, focusing on the challenges posed by the European Union’s (“EU”) directives on green hydrogen production and export. By analysing these restrictions, this article aims to provide an overview of their potential impact on India’s ambitions in the global green hydrogen market and the challenges they may pose to the country’s efforts to become a leading exporter of renewable hydrogen. Regulatory Landscape Surrounding Green Hydrogen in India India’s regulatory framework for green hydrogen (GH2) is rapidly evolving, driven by a series of strategic initiatives aimed at positioning the country as a global leader in clean energy. The Green Hydrogen Policy, launched in 2022, is the foundation of these efforts, introducing measures such as land allotment within renewable energy parks for GH2 and Green Ammonia (GNH3) manufacturing to reduce transmission losses and costs. To further strengthen this vision, the government launched the National Green Hydrogen Mission (NGHM) in January 2023. The NGHM’s goal is to make India a hub for GH2 production, usage, and export, with a target of adding 125 GW of renewable energy capacity by 2030. This aligns with India’s broader aim of achieving 500 GW of non-fossil fuel-based energy. A crucial regulatory initiative is the Green Hydrogen Certification Scheme of India (GHCI), developed by the Bureau of Energy Efficiency (BEE). The GHCI aims to enhance transparency and accountability in GH2 production by certifying the origin and emission intensity of hydrogen produced. The certification will include a Guarantee of Origin (GO) label, detailing the project and environmental impact. The European Union’s Regulatory Framework for Green Hydrogen The European Union, through its European Green Deal and the REPowerEU plan, has adopted an ambitious agenda aimed at addressing climate change and reducing its reliance on fossil fuel imports from Russia. Central to these efforts is the goal of producing 10 million tonnes of renewable hydrogen domestically and importing an additional 10 million tonnes from third countries by 2030. To ensure a consistent and standardized approach to the definition of “renewable hydrogen,” the EU has amended the Renewable Energy Directive (2018/2001) (RED II) with the introduction of a Delegated Act (DA) under Article 27. This DA provides a detailed Union-wide methodology that outlines the conditions under which hydrogen can be classified as renewable. In addition to the DA on Article 27, a further delegated act under Article 28, has been introduced to establish the methodology for assessing the greenhouse gas (GHG) emissions savings associated with renewable hydrogen. The act mandates that renewable hydrogen must achieve a minimum of 70% GHG emissions reductions relative to conventional hydrogen production methods. A key feature of the RED II read with the DA is the principle of additionality which requires that the electricity used in hydrogen production must come from new renewable energy projects (like solar or wind farms) that were not already supplying power to the grid. The intent is to avoid diverting existing green electricity away from other sectors and to ensure that hydrogen production contributes to an actual increase in renewable capacity. Further, the regulation also demands geographical correlation, meaning that the renewable energy used to produce hydrogen must be generated within the same geographical region or power grid zone as the hydrogen production facility. This ensures that the green power used is physically capable of reaching the electrolyser without relying on long-distance transmission or grid balancing from non-renewable sources. The Dilemma of the Bidding Zone between the EU and India with respect to Green Hydrogen A significant compatibility issue arises from the application of European sustainability criteria for renewable hydrogen, particularly the concepts of geographical correlation and bidding zones, to third countries like India. This dilemma is rooted in the fundamental differences between the electricity systems and market designs of the EU and other nations. The European regulatory framework for renewable hydrogen production is closely linked to the concept of bidding zones as they function within the European electricity market. Applying these specific rules, which were developed based on the structure and dynamics of the European grid, creates uncertainties for Indian green hydrogen projects targeting the EU market. The core of the dilemma is determining how the EU’s concept of bidding zones should be interpreted and applied in a different national context like India’s to ensure compliance with the DA’s objectives. Bidding zones in the European electricity market In the European Union, bidding zones serve as crucial structural elements of the electricity market. As defined by European Regulation 2019/943, a bidding zone is “the largest geographical area within which market participants are able to exchange energy without capacity allocation”. These zones are primarily established to reflect structural congestion present in the European transmission grid. The integration of bidding zones into the criteria for