- Source – The Hindu
- Link – https://www.thehindu.com/opinion/lead/a-law-around-low-carbon-climate-resilient-development/article68378680.ece
- Syllabus – GS Paper 02
- Topic – Indian Polity – Judiciary
What is the issue?
The recent Supreme Court judgment in M.K. Ranjitsinh and Ors. vs Union of India & Ors. has marked a significant development in India’s climate change legal framework.
The Court 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 noted the absence of an umbrella legislation in India related to climate change, implicitly suggesting the need for enacting climate legislation.
Benefits of Climate Legislation
- Holistic Vision: Sets a unified approach for addressing climate change across sectors and regions.
- Institutional Framework: Establishes essential institutions and governance processes for effective climate response.
Challenges of a Single Climate Law
- Comprehensive Coverage: Impractical to create a single law addressing all aspects within the existing legal framework.
- Unforeseen Issues: Impossible to predict all future climate challenges.
- Inappropriate Foreign Models: Models like the UK’s carbon budget system aren’t suited for India’s needs.
What needs to be done?
- Sector-Wide Sustainable Development: Encourage sustainable practices in urban planning, agriculture, water management, and energy.
- Regulatory Support for Sustainability: Create a regulatory environment supporting sustainable cities, buildings, and transport, with localized adaptation measures.
- Climate-Resilient Agriculture and Social Equity: Promote climate-resilient crops, protect ecosystems like mangroves, and ensure social equity.
- Adapting to Indian Federalism: Align climate legislation with India’s federal structure, involving states in policy-making and funding.
- Inclusive Multi-Stakeholder Engagement: Engage businesses, civil society, and communities in decision-making for diverse climate resilience and sustainable energy practices.