CURRENT AFFAIRS | MAY 8, 2026
India’s capital is about to ban the vehicle that 66.9% of its registered fleet is built around. Delhi’s EV Policy 2.0, whose draft was released on April 11, 2026, proposes that from April 2028, no new internal combustion engine (ICE) two-wheelers can be registered in the National Capital. It is one of the most ambitious clean air mandates in any Indian city — and it sits at a complex intersection of Art. 21 (right to clean air), Art. 19(1)(g) (right to trade), statutory bodies, and a supply chain that is 95% dependent on China for battery cells.
Constitutional Framework
Art. 21 (Right to Life = Clean Air): In MC Mehta v Union of India (1987), the Supreme Court held that the right to live in a clean environment is implicit in Art. 21. This is the constitutional anchor for Delhi’s aggressive EV mandate — bad air quality kills, making it a state duty to act.
Art. 48A (DPSP): Added by 42nd Amendment (1976), it directs the state to protect and improve the environment. Though not enforceable in court directly, it informs policy interpretation.
Art. 51A(g) (Fundamental Duty): Every citizen has a duty to protect and improve the natural environment. This creates a constitutional argument that buyers of high-polluting vehicles are acting contrary to their civic duty.
Art. 19(1)(g) (Right to Trade): Auto dealers, mechanics (5.5 lakh), and ICE component manufacturers claim the ban on ICE two-wheelers violates their right to carry on their trade. This is the counter-constitutional argument that SIAM would raise in any legal challenge.
What Delhi EV Policy 2.0 Actually Says
The draft policy (open for public comment until May 10, 2026) contains several significant provisions:
- April 1, 2028: No new ICE two-wheeler registrations in Delhi-NCR. Existing vehicles continue to operate — only new purchases affected.
- January 1, 2026 (already in effect): Commercial aggregators and fleet operators cannot add new petrol/diesel two-wheelers.
- Incentive structure: Rs 10,000/kWh (capped at Rs 30,000) for EV two-wheelers priced up to Rs 2.25 lakh in Year 1; reduces to Rs 20,000 (Y2) and Rs 10,000 (Y3).
- Scrappage incentive: Rs 10,000 extra for scrapping BS-IV or older two-wheelers.
- Tax exemption: EVs exempt from road tax and registration fees until March 31, 2030.
CLAT Angle — Industry vs Clean Air
SIAM’s objections (Society of Indian Automobile Manufacturers):
- Market readiness: affordable EVs in the sub-Rs 1 lakh segment remain limited
- Battery supply chain risk: 95% of lithium-ion cells imported from China — a geopolitical vulnerability
- Livelihood impact: 10,000+ independent workshops and 5.5 lakh mechanics trained only for ICE vehicles face displacement
- Charging infrastructure: inadequate for pan-Delhi EV penetration
CAQM’s mandate: The Commission for Air Quality Management in NCR and Adjoining Areas (established under CAQM Act 2021) is a statutory body that issued binding orders mandating the EV transition. Its directives have the force of law, which is why the policy is not merely advisory — it is backed by a statutory authority with quasi-judicial powers.
Landmark Cases for CLAT
- MC Mehta v Union of India (1987): Established that Art. 21 includes the right to a healthy environment. Spawned the entire line of environmental PILs.
- M.C. Mehta v Union of India (1996 — CNG Delhi buses): Directed conversion of Delhi’s entire public bus fleet to CNG. First time a court mandated fuel-switching at scale. Direct precedent for EV mandates.
- Vellore Citizens Welfare Forum v Union of India (1996): Established precautionary principle (act to prevent harm even without full scientific certainty) and polluter-pays principle in Indian environmental law.
Key Facts — Quick Reference
| Parameter | Detail |
|---|---|
| Two-wheelers as % of Delhi fleet | 66.9% |
| Draft policy release date | April 11, 2026 |
| ICE 2W ban (new registrations) | From April 1, 2028 |
| Battery cells from China | ~95% |
| Mechanics affected | 5.5 lakh (SIAM estimate) |
| Statutory body behind mandate | CAQM (Commission for Air Quality Management Act 2021) |
| Key constitutional case | MC Mehta v UOI 1987 (Art. 21 = clean air) |
| EV incentive (Year 1) | Rs 10,000/kWh, capped at Rs 30,000 |
Mnemonic — CLEAN to Remember
C — CAQM Act 2021: statutory body mandating EV transition
L — Livelihood clash: 5.5 lakh mechanics face displacement (Art. 19(1)(g))
E — Environmental right: Art. 21 + MC Mehta 1987
A — April 2028: deadline for ICE 2W ban; April 11, 2026: draft released
N — Nine-five percent (95%): battery cells from China — supply risk
Practice Quiz — 10 CLAT-Style Questions
Click an option to reveal the answer and explanation.
