Laws for better climate

Source-This post on Laws for better climate has been created based on the article “Why Supreme Court ruling on climate change isn’t enough” published in “The Indian Express” on 10 April 2024.

UPSC Syllabus-GS Paper-2– Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments and GS Paper-3– Conservation, Environmental Pollution and Degradation

Context-The Supreme Court has recognized that there is no single legislation in India that relates to climate change and associated concerns. Laws for better climate

What are the limitations of Indian Constitutions understanding of environment and climate change?

1) Human centric worldview-Colonial rulers had an anthropocentric worldview of the environment. This view considers human beings as the most significant entity of the universe. Unfortunately, this narrow view, is reflected in the Indian Constitution. For example, Entry 17 of the State List outlines the legislative power of states regarding “water”. However, the understanding of “water” is limited only to water supplies, irrigation, water storage, etc.

2) Lack of explicit power- Indian laws do not have the explicit or clearly expressed power to protect the environment in a holistic manner.

3) Fragmented legislative power– The Constitution perceives the environment just in terms of air, water, and soil. This limited view contributes to fragmented legislative power where there are separate laws for air water and forests. However, there is no centralized authority empowered to protect the environment comprehensively or mitigate the effects of climate change.

What is the importance of enhanced state participation in dealing with climate change challenges?

1) States in India vary significantly in their vulnerability to environmental crises, and empowering local decision-making can mitigate harm.

2) Climate change affects different regions differently, sometimes even within the same state or district. A recent example is from Karnataka, where Bijapur experienced a drought while nearby Belgaum faced floods. In this context,decentralisation of policy formulation and decision making assumes great importance.

What should be the way forward?

1) Introduction of new entry in concurrent list– There is a need to introduce “environment” as an entry in the Concurrent List. Both the center and states can legislate on matters related to the environment. The states will take the primary role and the center will have a specific role in case of climate emergencies. This is also in consonance with the spirit of decentralization and enhanced cooperative federalism.

2) Reimagining Indian Federalism– In the backdrop of potentially catastrophic effects of climate change on society, the need of the hour is to re-imagine Indian federalism. This is also in consonance with the principle of subsidiarity.

Question for practice

What are the limitations of Indian Constitution’s understanding of environment and climate change?