Context:

Through its recent judgment in M.K. Ranjitsinh and Ors. vs Union of India & Ors., the Supreme Court of India has introduced a significant development in India’s climate change jurisprudence.

Understanding the Judgment

• Balancing Renewable Energy Infrastructure with Environmental Protection
  • The Supreme Court’s decision in Ranjitsinh establishes a constitutional right to 'be free from the adverse effects of climate change', grounded in Article 21 (Right to Life) and Article 14 (Right to Equality) of the Indian Constitution. The case involved balancing the development of renewable energy infrastructure with environmental protection, particularly concerning the habitat of the critically endangered Great Indian Bustard.
• Implications of the Climate Right
  • The judgment not only prioritized renewable energy development but also created a foundation for climate litigation, empowering citizens to demand governmental action to protect this newly recognized right. However, it raises questions about the adequacy of clean energy solutions alone and the need for comprehensive climate adaptation strategies.
• The Case for Climate Legislation
  • While judicial decisions can incrementally shape climate policy, there is a growing consensus on the need for dedicated climate legislation in India. Such legislation could provide a structured framework for climate action across sectors and regions, institutionalize governance processes, and promote adaptive responses to climate change.

Why Climate Legislation Matters?

India lacks a comprehensive 'umbrella legislation' addressing climate change, unlike many other countries. A robust climate law could integrate mitigation and adaptation efforts, support sustainable development practices, and safeguard vulnerable ecosystems crucial for climate resilience. Climate legislation matters for several crucial reasons:

• Comprehensive Framework: It provides a structured and comprehensive framework for addressing climate change across various sectors and regions. Unlike ad-hoc measures, legislation ensures a systematic approach to both mitigation (reducing greenhouse gas emissions) and adaptation (building resilience to climate impacts).
• Legal Clarity and Certainty: By enshrining climate goals and strategies into law, legislation offers clarity and legal certainty to government agencies, businesses, and citizens regarding their roles, responsibilities, and obligations in addressing climate challenges.
• Integration of Policies: It facilitates the integration of climate considerations into existing policies and decision-making processes across sectors such as energy, transport, agriculture, and urban planning. This integration is crucial for achieving coherence and consistency in national climate actions.
• Long-term Planning: Climate legislation encourages long-term planning by setting out clear targets, timelines, and mechanisms for monitoring and reporting progress. This helps in fostering sustained commitment and accountability in tackling climate change.
• Institutional Strengthening: It establishes or strengthens institutions responsible for climate governance, including regulatory bodies, research institutes, and mechanisms for public participation. These institutions play a pivotal role in driving effective implementation of climate policies.
• International Commitments: Climate legislation often reflects and supports international commitments and agreements, enhancing a country's credibility and leadership in global climate negotiations and partnerships.
• Support for Innovation and Investment: Clear policy frameworks provided by climate legislation can stimulate innovation and investment in clean technologies, renewable energy, and climate-resilient infrastructure. This, in turn, contributes to economic growth and job creation in green sectors.
• Protection of Vulnerable Communities: Legislation can incorporate provisions to protect vulnerable communities disproportionately affected by climate impacts, ensuring that climate actions promote social equity and environmental justice.

Tailoring Legislation to India's Context

• Tailoring Legislation to Enhance Low- Carbon Growth
  • Adopting lessons from international models, India's climate law should not merely replicate foreign approaches but should be tailored to its unique developmental challenges and federal structure. It should foster low-carbon growth while enhancing resilience in urban planning, agriculture, water management, and energy sectors.
• Enabling vs. Regulatory Approach
  • Unlike regulatory laws focusing narrowly on emissions, an enabling climate law for India should stimulate holistic development decisions aligned with climate goals. This approach emphasizes adaptation alongside mitigation, encouraging systematic progress toward climate-resilient infrastructure and practices.
• Procedural Aspects of an Enabling Law
  • An effective climate law should establish clear procedures for target-setting, monitoring, and reporting, ensuring transparency, public participation, and expert consultation. It should facilitate knowledge-sharing and capacity-building across sectors, promoting informed decision-making and adaptive governance.
• Federalism and Climate Governance
  • Given India’s federal structure, a climate law must strike a balance between national coherence and regional autonomy. It should empower states and local governments with resources and authority to implement climate actions tailored to local contexts, fostering a collaborative approach to national climate goals.
• Inclusive Stakeholder Engagement
  • Beyond government, effective climate legislation should engage businesses, civil society, and communities in climate decision-making. This inclusive approach harnesses diverse expertise and ensures that frontline communities impacted by climate change are active participants in mitigation and adaptation efforts.

Conclusion

The Ranjitsinh judgment marks a pivotal moment for climate jurisprudence in India, affirming constitutional rights against climate impacts. To operationalize these rights effectively, India needs a robust climate law that integrates mitigation, adaptation, and sustainable development practices. Such legislation should reflect India's developmental priorities, federal dynamics, and aspirations for climate resilience, providing a comprehensive framework for addressing the challenges posed by climate change. By adopting an enabling approach that balances regulatory rigor with developmental imperatives, India can navigate its path toward a low-carbon, climate-resilient future while ensuring equitable and sustainable development for all its citizens.

Source: The Hindu