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Source-This post on Climate Legislation for India has been created based on the article “Court on climate right and how India can enforce it” published in “The Hindu” on 1 July 2024.
UPSC Syllabus-GS Paper-2- Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Context– The recent judgment in M.K. Ranjitsinh and Ors. vs Union of India & Ors. by the Supreme Court of India has marked a positive development in India’s climate change legal framework.
The Supreme Court has introduced the right to ‘be free from the adverse effects of climate change’ into the Constitution of India, deriving from both the right to life (Article 21) and the right to equality (Article 14).
The judgment states that there is no ‘umbrella legislation’ in India that relates to climate change.Thus,it implicitly suggests the enactment of climate legislation.
Read More- SC Ruling on right against Climate Change- Explained Pointwise
What are the advantages of bringing climate legislation?
1) It can set the vision for engaging with climate change across sectors and regions.
2) It can establish essential institutions, empower them, and implement structured governance processes to anticipate and respond to climate change.
What are the issues with single climate legislation?
1) Comprehensive Law-Creating a single comprehensive law that addresses all these aspects isn’t practical, especially given the current legal framework covering most of these issues.
2) Anticipating the Unpredictable Challenges– It’s impossible to predict in advance all the ways society needs to prepare for climate change.
3) Challenges of Adopting Foreign Models – Many countries’ climate laws, like those modeled after the United Kingdom, concentrate narrowly on controlling carbon emissions. For ex– they establish regular five-year national carbon budgets and mechanisms to achieve them. This approach isn’t well-suited for India.
What should be the way forward?
1) Promoting Sustainable Development Across Sectors– India should consider adopting a law that encourages decisions fostering sustainable development across various sectors like urban planning, agriculture, water management, and energy.
2) Supportive Regulatory Environment-Climate legislation should also create a supportive regulatory environment for more sustainable cities, buildings, and transport networks. It should enable adaptation measures such as heat action plans sensitive to local context
3) Resilient Agriculture and Social Equity-Climate legislation should include ways to transition to crops resilient to climate change. It should also safeguard crucial ecosystems like mangroves, which serve as barriers against severe weather. Further, it should promote social equity.
4) Indian Federalism- Climate legislation should function well within India’s federal structure. Various domains like urban policies, agriculture, water management, and electricity, are under the jurisdiction of state or local governments. Thus, the state must be given due importance in climate change related policy making and funding.
5) Multi-stakeholders Approach– Businesses, civil society, and communities impacted by climate change must actively participate in decision-making processes. This will ensure that diverse viewpoints for climate resilience and transitioning to sustainable energy practices are accommodated.
Question for practice
What are the challenges associated with enacting a single climate law? What steps should be taken moving forward?
