The Role of Law in Combating Climate Change
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Introduction
In the 21st century, climate change is the number one global challenge where ecosystems are disrupted, economies are affected, and human lives are at stake. In the face of this challenge, the role of law (both domestic and international) is indispensable in catalyzing action to mitigate climate change and adapt to its effects. As one of the world’s largest greenhouse gas emitters and a country highly vulnerable to climate impacts, India has recognized the importance of legal frameworks in addressing this global crisis.
The Constitution of India does not mention the term "climate change", but it has several provisions that can be used to bolster environmental protection and sustainable development. Notably, Article 48A (Protection and improvement of environment and safeguarding of forests and wildlife), “The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country,” and Article 51A(g), “to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures,” serve as the foundation for legal efforts to combat climate change.
Moreover, India has signed numerous international agreements; one such was the 2015 Paris Agreement within the United Nations Framework Convention on Climate Change, UNFCCC. It translates into its NDCs (Nationally Determined Contributions)-the range of action that aims at reducing carbon emissions and practicing sustainable practices. In this article, we will discuss the role of law in combating climate change by determining different laws and policies introduced by the Indian government and the judgments passed by the Supreme Court addressing climate change.
Statutory Frameworks and Policies
The Indian government has also instituted laws and policies aimed at addressing climate change, some of which are discussed below:
- National Action Plan on Climate Change (NAPCC): The NAPCC, launched in 2008, outlines eight ‘National Missions’ that aim to enable India to adapt to climate change and enhance ecological sustainability. It serves as a guiding framework for India’s climate policies and legal measures. The eight National Missions on climate change are:
- National Solar Mission
- National Mission for Enhanced Energy Efficiency
- National Mission on Sustainable Habitat
- National Water Mission
- National Mission for Sustaining the Himalayan Eco-system
- National Mission for a Green India
- National Mission for Sustainable Agriculture
- National Mission on Strategic Knowledge for Climate Change
- The Energy Conservation Act (2001): It aims “to provide for efficient use of energy and its conservation and for matters connected therewith or incidental thereto.” This Act mandates the establishment of the Bureau of Energy Efficiency (BEE), which sets standards for energy use and promotes energy-efficient technologies.
- The Environment Protection Act, 1986: The Act aims to “provide for the protection and improvement of environment and for matters connected therewith.” The Supreme Court has frequently invoked the provisions of the Environment Protection Act to address issues of air pollution, water contamination, and deforestation, all of which are significant contributors to climate change.
- The Air (Prevention and Control of Pollution) Act, 1981: The Act aims “to provide for the prevention, control, and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.” It empowers the central and state pollution control boards to regulate air quality, issue emission standards for industries, and take corrective actions in case of violations.
- The Forest Conservation Act, 1980: This Act was enacted by Parliament in the Thirty-first Year of the Republic of India and aims to “provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto.” It regulates the diversion of forest land for non-forest purposes. The Act has been used to curb deforestation, which plays a central role in carbon sequestration and climate change mitigation.
Role of Indian Judiciary in Shaping Climate Policy
The Indian judiciary has played a pivotal role in shaping climate policy and ensuring accountability in addressing climate change. The Supreme Court (SC) of India, in particular, has taken several landmark decisions that have established a robust legal framework for environmental protection and climate action. T.N. Godavarman Thirumulpad, known as the Green Man has initiated various petitions concerning environmental protection. In one of the cases, not a climatic change case, the SC’s judgment opened the gate for the active role of the judiciary in climate change issues. The case laid the foundation of the 'Green Bench' within the Supreme Court, which handled cases related to the implementation of environmental laws as well as the preservation of forests and wildlife. In this regard, this judgment made a way for all future climatic judicial acts by emphasizing that environmental conservation needs to be an important aspect. Also, M.C. Mehta (lawyer and natural extremist), known as the Green Avenger of India, appeared in various cases relating to natural issues. In one of the cases, the top Court directed the government to take immediate measures to curb air pollution, particularly in the National Capital Region. Similarly, over the years, the Indian judiciary has played an important role in protecting the environment.
To effectively combat climate change, India must further strengthen its legal and regulatory frameworks. This includes increasing penalties for environmental violations, improving the transparency of climate data, and making climate change a central consideration in all development policies. The judiciary must continue to hold both the government and corporations accountable for their environmental actions while ensuring that vulnerable communities are not disproportionately affected by climate change.
Conclusion
India’s legal framework for addressing climate change has evolved significantly, with both legislative and judicial measures contributing to environmental protection and climate action. The Supreme Court’s proactive role in interpreting the Constitution’s environmental provisions and upholding environmental rights has paved the way for a more sustainable future. However, the fight against climate change requires continuous judicial vigilance, stronger enforcement of laws, and collaborative efforts across all sectors of society. By strengthening its legal tools, India can enhance its resilience to climate change while playing a crucial role in global climate governance.
