Introduction

• Supreme Court Judgment: In the case of M.K. Ranjitsinh and Ors. vs Union of India & Ors., the Supreme Court of India recognized the right to be free from the adverse effects of climate change.
• Constitutional Rights: The right is rooted in the right to life (Article 21) and the right to equality (Article 14) of the Indian Constitution.
• Implications: The judgment opens the door to climate litigation and systematic governance around climate change.

New Right Around Climate

Key Aspects of the Judgment

• Issue Addressed: Balancing the protection of the Great Indian Bustard’s habitat with the development of renewable energy infrastructure.
• Court’s Decision: Prioritizing transmission infrastructure for renewable energy to combat climate change.
• Seismic Aspect: Establishing a ‘climate right’ based on constitutional guarantees.

Unresolved Questions

• Pathways to Avoid Climate Harms: The judgment’s focus on large-scale clean energy may overlook climate adaptation and local environmental resilience.
• Protection Mechanisms: Clarification needed on how the right against adverse effects of climate change will be protected.
• Government Agenda: Potential need for new legislation to actively realize this right.

Approaches to Protect Climate Rights

Judicial Decisions

• Proliferation of Litigation: Enhanced litigation may lead to a patchwork of protections, contingent on subsequent policy actions.
• Incomplete Framework: Judiciary-led protections may not provide an overarching framework for future policy.

Climate Legislation

• Framework Legislation: A comprehensive law could set a vision for climate engagement, create necessary institutions, and enable structured governance.
• Advantages: Establishing a supportive regulatory environment, adaptation measures, climate-resilient crops, ecosystem protection, and social equity considerations.

Tailoring Climate Legislation to India

Unique Requirements

• Low-Carbon Energy Transition: Highlighted in the judgment but insufficient alone to enforce climate rights.
• Comprehensive Approach: Legislation should cover sustainable cities, buildings, transport, adaptation measures, ecosystem protection, and social equity.

Challenges and Solutions

• Existing Legal Framework: An omnibus law is impractical; instead, a law enabling progress towards low-carbon and climate-resilient development is needed.
• Learning from International Experience: Avoid narrowly focused regulatory laws; adopt an enabling approach like Kenya’s, promoting development-focused decisions across sectors.

Procedural Orientation and Federalism

Procedural-Oriented Law

• Institution Creation: Establish institutions, processes, and standards for mainstreaming climate change across ministries and society.
• Support Mechanisms: Knowledge-sharing, transparency, public participation, expert consultation, target setting, and reporting.

Federalism

• Sub-National Authority: Ensure the law empowers States and local governments, enabling them with information and finance.
• Coherent National Action: Balance national framework with decentralization.

Enabling Participation Beyond Government

• Inclusive Decision Making: Involve business, civil society, and communities, especially those on the climate frontlines.
• Knowledge Integration: Enable diverse segments of society to contribute to energy transition and resilience efforts.

Conclusion

• Principles for Climate Law: The broad ideas provide a foundation for climate legislation tailored to India, fulfilling the promise of the Ranjitsinh judgment

Way forward

1. Legislative Action

• Draft Comprehensive Climate Law: Develop a legislative framework that addresses both mitigation and adaptation strategies.
• Institutional Framework: Create dedicated bodies to oversee implementation, monitoring, and reporting of climate actions.

2. Policy Integration

• Mainstream Climate Considerations: Ensure all sectors (urban planning, agriculture, energy, transport) integrate climate resilience and low-carbon development.
• Regulatory Environment: Establish regulations that promote sustainable practices and technologies.

3. Capacity Building

• State and Local Empowerment: Provide resources, training, and financial support to sub-national governments for localized climate action.
• Public Awareness and Participation: Promote climate education and encourage public participation in climate governance.

4. International Cooperation

• Learning from Global Best Practices: Adapt successful climate policies and frameworks from other countries to suit the Indian context.
• Collaborative Efforts: Engage in international climate agreements and collaborations for technology transfer and financial support.

5. Continuous Review and Adaptation

• Regular Assessments: Conduct periodic reviews of climate policies and legislation to ensure they remain effective and responsive to emerging challenges.
• Adaptive Management: Implement a flexible approach that allows for adjustments based on new scientific insights and socio-economic developments.