Towards a Low-Carbon, Climate-Resilient Future (GS Paper 3, Environment)
Introduction
- In a landmark judgment, the Supreme Court of India recently recognized the right to be “free from the adverse impacts of climate change” in the case of M.K. Ranjitsinh and Others vs Union of India.
- This right was derived from the fundamental rights to life and equality. This judicial recognition sets the stage for India to enact a robust legal framework aimed at low-carbon, climate-resilient development.
Law to Inform Development Choices
- To mitigate and adapt to the impacts of climate change, India must reorient its development strategies towards low-carbon and climate-resilient futures.
- Any law addressing these goals must ensure that these objectives are embedded in routine decision-making across all development levels.
- Given that climate change disproportionately affects vulnerable populations, and that a just energy transition is imperative, this legal framework must prioritize social justice.
- Unlike the typical top-down approach associated with climate laws in developed countries, India's approach needs to integrate climate considerations into every developmental decision, weighing long-term synergies and trade-offs with low-carbon, climate-resilient futures.
- To achieve this, the right to protection from adverse climate effects must be operationalized through well-defined legal procedures applicable across government levels.
- A credible climate action framework requires a well-designed institutional structure that can strategize, prioritize, troubleshoot, and evaluate policies.
- Umbrella laws defining government-wide goals, supplemented with accountability measures, are increasingly popular for mainstreaming climate action into government operations.
A Low-Carbon Development Body
- A framework climate law should establish an institutional structure capable of navigating developmental choices toward low-carbon growth and resilience.
- An independent ‘low-carbon development commission’, staffed with experts and technical personnel, could provide practical solutions for achieving these goals at both national and state levels.
- This body could also serve as a platform for inclusive decision-making, systematically consulting vulnerable communities and those impacted by technological changes.
- Drawing from examples like South Africa’s Presidential Climate Commission, India could benefit from a similar high-level strategic body—a ‘climate cabinet’ comprising core ministers and state representatives tasked with driving climate strategy across government.
- The Ministry of Environment, Forest, and Climate Change should continue its central role, complemented by higher-level coordination, possibly through a reinvigorated Executive Committee on Climate Change with clearly defined legal powers and duties.
Engaging with the Federal Structure
- The law must address India’s federal structure, recognizing that key areas for reducing emissions and improving resilience—such as electricity, agriculture, water, health, and soil—are managed by state and local governments.
- Effective climate action must start at these local levels, where impacts are felt most directly.
- Firstly, the law should facilitate access to national scientific expertise for subnational governments, potentially through the low-carbon development commission, to address local climate capacity gaps.
- Secondly, it should articulate financing mechanisms for local actions, aligning centrally-sponsored schemes with climate goals and tagging national expenditures towards local climate resilience.
- Thirdly, it should establish coordination mechanisms for the Centre and States to consult on major climate decisions, encouraging states to build complementary institutions to those at the Centre for knowledge sharing, strategy-setting, and coordination.
Conclusion
- The Supreme Court’s pronouncement in M.K. Ranjitsinh opens the door to legal and governance changes enabling an actionable right against the adverse effects of climate change.
- Realizing this promise requires enacting a climate law tailored to the Indian context, steering development choices towards a low-carbon and climate-resilient future while advancing social justice.
- By embedding these principles into a comprehensive legal framework, India can navigate its development trajectory towards sustainable and equitable growth.
