Syllabus
GS Paper 2 – Structure, organization and functioning of the Executive and the Judiciary.
GS Paper 3 – Conservation, environmental pollution and degradation, environmental impact assessment.
Context
There is a need for comprehensive climate legislation in India.
Source
The Hindu| Editorial dated 8th July 2024
A law around low-carbon climate resilient development
The Supreme Court of India’s recent judgment in M.K. Ranjitsinh and Others vs Union of India recognized the right to be “free from the adverse impacts of climate change.” This right, derived from the right to life and equality, is a significant step in climate jurisprudence. However, it raises questions about how this right will be protected. A systemic approach through tailored climate legislation is essential.
Need for Climate Legislation in India
- Addressing Limitations of Judicial Interventions: Judicial interventions typically address specific incidents rather than systemic issues.
- Courts can mandate actions but cannot create a coordinated, long-term strategy for climate change mitigation and adaptation.
- Legislation can provide proactive measures rather than reactive rulings.
- Strengthens existing commitments: India has ambitious climate goals but relies on policies and plans that lack the legal teeth of legislation. Climate legislation would solidify these goals and make them more enforceable.
- Provides clarity and direction: A clear climate law would set a framework for action across different sectors and regions, guiding industries and individuals towards a sustainable future.
- Unlocks resources and innovation: Strong legislation can attract investment in clean technologies and infrastructure, fostering research and development in this crucial area.
- Improves accountability: With clear legal guidelines, there’s a benchmark to measure progress and hold relevant actors accountable for achieving climate targets.
- Builds long-term vision: Climate legislation establishes a long-term vision for India’s climate action, sending a strong signal to the international community.
Features of Effective Climate Legislation
- Well-Defined Procedures: The right to protection against climate impacts must be realized through clear legal procedures applicable at all government levels.
- Institutional Structure: A robust structure for strategizing, prioritizing, and evaluating climate policies is essential.
- Examples from Other Countries: Many countries (67 according to estimates) use framework climate laws to build governance capacity and define government-wide climate goals.
- Eg. South Africa’s Presidential Climate Commission, charts a course towards a just transition based on stakeholder inputs and representations.
- Objectives of low-carbon and resilient development must be embedded in routine decision-making.
- Laws should ensure developmental choices are aligned with long-term low-carbon and resilient futures.
Proposal for Climate Legislation in India
Objectives for the Legislation
- Mitigate greenhouse gas emissions.
- Enhance resilience to climate impacts .
- Ensure sustainable and equitable development.
- Promote climate justice in the transition to a low-carbon economy.
Creation of Strategic Bodies
- Independent Commission: Establish a ‘low-carbon development commission’ staffed with experts to advise national and State governments.
- Deliberative Decision-Making: The commission should facilitate systematic consultation with vulnerable communities and other stakeholders.
- Climate Cabinet: A high-level strategic body, including core Ministers and Chief Ministers, to drive climate strategy across the government.
- Coordination Mechanisms: Enhance the Executive Committee on Climate Change with clear legal powers and duties.
Engagement with Federal Structure
- Subnational Collaboration: The law must engage with State and local governments, especially in areas like electricity, agriculture, and water.
- Coordination and Planning: Establish mechanisms for Centre-State consultations and periodic medium-term climate plans with unified goals.
Additional Measures
- Sector-Specific Legislation: Framework law should guide and inform sectoral laws and amendments for comprehensive climate governance.
- Financial Alignment: Align centrally-sponsored schemes with climate goals and ensure climate-tagged expenditure towards local resilience.
- Scientific Capacity: Facilitate subnational access to national scientific resources, potentially through the low-carbon development commission.
Conclusion
The Supreme Court’s pronouncement opens the door to legal and governance changes. To realize the promise of the right against adverse effects of climate change, a well-suited climate law for India is essential. It must steer development toward a low-carbon, climate-resilient future while advancing social justice.
References
Related PYQ
Clean energy is the order of the day. Describe briefly India’s changing policy towards climate change in various international fora in the context of geopolitics. [ UPSC Civil Services Exam – Mains 2022]
Practice Question
Discuss the need for comprehensive climate legislation in India. [150 words]