Supreme Court Directs Petitioner to Approach NGT Over Flue Gas Desulphurisation Systems

Environment & Ecology · 9 September 2026 · Based on The Hindu (original report)

Worth reading — 1 past UPSC question on this theme (Prelims GS-1 2018).

2-minute summary

The Supreme Court of India directed a petitioner to approach the National Green Tribunal (NGT) regarding the delayed implementation of Flue Gas Desulphurisation (FGD) systems in Category 'A' thermal power plants. FGD systems are critical environmental technologies designed to reduce harmful sulphur dioxide (SO2) emissions from coal-fired power plants. The petitioner argued that the Ministry of Environment, Forest and Climate Change (MoEFCC) has repeatedly extended the compliance deadlines (now pushed to 2027), resulting in severe public health hazards. A Supreme Court bench led by Chief Justice Surya Kant observed that the NGT is the appropriate specialized forum to address these environmental grievances and requested the tribunal to hear the petitioner's plea for interim relief on a priority basis.

Why it's in the news

The Supreme Court declined to directly adjudicate a plea concerning the delayed installation of Flue Gas Desulphurisation (FGD) systems in thermal power plants, delegating the matter to the National Green Tribunal (NGT) as the specialized statutory body for environmental disputes.

Facts to remember

• The Supreme Court directed a petitioner to approach the National Green Tribunal regarding the delayed implementation of Flue Gas Desulphurisation systems in Category 'A' thermal power plants.
• Flue Gas Desulphurisation systems are critical environmental technologies designed to reduce harmful sulphur dioxide emissions from coal-fired power plants.
• Article 21 has been interpreted by the judiciary to include the right to a clean, healthy, and pollution-free environment as part of the Right to Life.
• Article 48A serves as a Directive Principle of State Policy directing the State to protect and improve the environment and safeguard forests and wildlife.

Background and context

In December 2015, the Ministry of Environment, Forest and Climate Change (MoEFCC) issued a landmark notification setting strict emission standards for coal-fired thermal power plants (TPPs) regarding particulate matter, sulphur dioxide (SO2), nitrogen oxides (NOx), and mercury. To control SO2, TPPs were required to install Flue Gas Desulphurisation (FGD) units. However, the implementation timelines have been repeatedly extended due to high capital costs, supply chain disruptions, and concerns over grid stability during shutdowns. Power plants are categorized into three groups: Category 'A' (within 10 km of NCR or million-plus cities), Category 'B' (within 10 km of critically polluted areas), and Category 'C' (others). The deadline for compliance has now been extended up to 2027, drawing legal challenges from environmentalists.

Constitutional provisions

• Article 21 — Interpreted by the judiciary to include the right to a clean, healthy, and pollution-free environment as part of the Right to Life.
• Article 48A — Directive Principle of State Policy directing the State to protect and improve the environment and safeguard forests and wildlife.
• Article 51A(g) — Fundamental Duty of every citizen to protect and improve the natural environment.

Government schemes

• National Clean Air Programme (NCAP) — A national-level strategy to reduce particulate matter concentration, where controlling precursor gases like SO2 from thermal power plants is vital.

Previous UPSC questions on this theme

• Prelims GS-1 2018 — How is the National Green Tribunal (NGT) different from the Central Pollution Control Board (CPCB)? 1. The NGT has been established by an Act whereas the CPCB has been created by an executive order of the Government. 2. The NGT provides environmental justice and helps reduce the burden of litigation in the higher courts whereas the CPCB promotes cleanliness of streams and wells, and aims to improve the quality of air in the country. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

Mains practice: The repeated extension of deadlines for installing Flue Gas Desulphurisation (FGD) systems in thermal power plants highlights the conflict between energy security and environmental health. Discuss.

The mandate to install Flue Gas Desulphurisation (FGD) systems in thermal power plants (TPPs), initiated by the MoEFCC in 2015, represents a critical step toward curbing hazardous sulphur dioxide (SO2) emissions. However, the repeated extension of compliance deadlines (now up to 2027) underscores a deep-seated policy conflict between maintaining energy security and safeguarding public health.

• **Environmental and Public Health Impact**: SO2 is a major air pollutant that contributes to respiratory ailments, cardiovascular diseases, and the formation of secondary PM2.5 particles. Delaying FGD installation exposes millions of citizens, particularly in million-plus cities (Category 'A' zones), to severe air pollution, directly violating their right to a clean environment under Article 21.

• **Energy Security Imperatives**: Coal-fired thermal power plants generate over 70% of India's electricity. Immediate, non-phased shutdowns of non-compliant plants to install FGD systems could lead to severe grid instability, power shortages, and economic disruption, especially during peak summer and winter demand periods.

• **Implementation Bottlenecks**: TPP operators face significant challenges, including high capital expenditure, lack of domestic manufacturing capacity for FGD components, and heavy reliance on imports (primarily from China), which raises geopolitical and supply-chain concerns.

• **Regulatory Dilution**: Frequent timeline extensions create a moral hazard, reducing the deterrence effect of environmental regulations and allowing power producers to deprioritize green transitions.

In conclusion, India must balance these competing interests by providing targeted financial incentives (such as green bonds), fast-tracking domestic manufacturing of pollution-control equipment, and ensuring strict, non-negotiable oversight by the NGT and CPCB to meet the 2027 deadlines without compromising grid stability.

Prelims practice questions

Q1. With reference to Flue Gas Desulphurisation (FGD) systems in India, consider the following statements: 1. FGD systems are primarily used to reduce nitrogen oxide emissions from coal-fired power plants. 2. Category 'A' thermal power plants are defined as those located within a 10 km radius of the National Capital Region or cities with a million-plus population. Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer: B. Statement 1 is incorrect because FGD systems are used to reduce sulphur dioxide (SO2) emissions, not nitrogen oxides (NOx). Statement 2 is correct as per the MoEFCC categorization rules for thermal power plants.

Q2. With reference to the National Green Tribunal (NGT), consider the following statements: 1. It is a constitutional body established under Article 323B of the Constitution of India. 2. It is not bound by the procedure laid down under the Code of Civil Procedure, 1908, but is guided by principles of natural justice. 3. Appeals against the orders of NGT lie directly to the Supreme Court of India. Which of the statements given above are correct?

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer: B. Statement 1 is incorrect because the NGT is a statutory body established under the National Green Tribunal Act, 2010, not a constitutional body. Statements 2 and 3 are correct.

Q3. Which of the following pollutants are covered under the 2015 emission standards notified by the Ministry of Environment, Forest and Climate Change (MoEFCC) for coal-fired thermal power plants? 1. Sulphur Dioxide (SO2) 2. Nitrogen Oxides (NOx) 3. Mercury (Hg) Select the correct answer using the code given below:

1. 1 and 2 only
2. 2 and 3 only
3. 1 and 3 only
4. 1, 2 and 3

Answer: D. The 2015 MoEFCC notification introduced emission standards for Particulate Matter (PM), Sulphur Dioxide (SO2), Nitrogen Oxides (NOx), and Mercury (Hg) for thermal power plants.

Revision flashcards

• What is Flue Gas Desulphurisation (FGD)? A technology used to remove sulphur dioxide (SO2) from the exhaust flue gases of fossil-fuel power plants.
• How are Category 'A' thermal power plants defined under FGD guidelines? Plants located within a 10 km radius of the National Capital Region (NCR) or cities with a population of one million or more.
• Which statutory body was established in 2010 for the expeditious disposal of environmental cases? The National Green Tribunal (NGT), established under the NGT Act, 2010.
• In which year did the MoEFCC issue the original notification mandating FGD installation for thermal power plants? December 2015.
• To which judicial body do appeals against the decisions of the National Green Tribunal (NGT) lie? The Supreme Court of India (under Section 22 of the NGT Act, 2010).