India's Approach to Climate Change Legislation

India's Approach to Climate Change Legislation

Global Context and South Africa's Example South Africa recently enacted a significant piece of legislation mandating emission reductions and climate adaptation plans. This law is part of South Africa's efforts to meet its Nationally Determined Contributions (NDCs) under the Paris Agreement, committing to substantial reductions in greenhouse gas emissions and a transition away from fossil fuels. The country's energy sector, heavily reliant on coal, contributes significantly to its emissions, making these steps crucial for both global climate goals and local environmental sustainability.

India's Climate Change Legislation Status Unlike South Africa, India does not have an omnibus climate change law. While individual aspects of environmental and climate-related issues are addressed through various acts, such as the Environmental Protection Act, Forest Conservation Act, and Energy Conservation Act, there is no comprehensive legislation dedicated solely to climate change.

Recent Legislative Efforts In 2022, Priyanka Chaturvedi, a Rajya Sabha parliamentarian, introduced a Private Member’s Bill, the Council on Climate Change Bill. This proposed the establishment of a Council, chaired by the Prime Minister, to advise the Union government on climate change matters. However, this bill has not seen significant progress.

Judicial and Policy Developments India's Supreme Court has acknowledged the need for more explicit climate change legislation, recognizing a "right against the adverse effects of climate change." The court highlighted that while constitutional guarantees exist for equality before the law and the right to life and personal liberty, these need to be explicitly linked to the impacts of climate change.

India's commitment to climate action is reflected in its updated NDCs, which aim for a 45% reduction in emissions intensity by 2030, compared to 2005 levels. Emissions intensity measures the total greenhouse gas emissions per unit of GDP. This target aligns with India's broader goal of sourcing 50% of its electricity from non-fossil fuel sources by 2030.

Is India's Current Framework Adequate? Despite India's various environmental laws and its commitments under the Paris Agreement, there is a growing recognition that a comprehensive, unified climate change law could strengthen the country's climate action framework. Such legislation could streamline efforts across sectors, improve regulatory clarity, and ensure more cohesive and effective policy implementation. It would also align India more closely with global standards, providing a stronger legal basis for addressing the multifaceted challenges posed by climate change.