Blog

Abstract
This article examines the evolving legal landscape of climate change in India, focusing on legislative frameworks, judicial precedents, and policy initiatives aimed at balancing economic development with environmental sustainability. India, as a rapidly developing nation, faces significant challenges from climate-related impacts, including extreme weather events and resource depletion. Key legislative instruments such as the Environmental Protection Act and the National Action Plan on Climate Change underscore India’s commitment to mitigating these challenges while fostering sustainable development. The judiciary’s role in interpreting and enforcing environmental laws, alongside efforts to comply with international climate agreements, is critical. The article emphasizes the need for enhanced stakeholder engagement, public-private partnerships for technological innovation, improved data management, and climate education to strengthen India’s resilience to climate risks. Ultimately, this holistic approach aims to ensure a sustainable and inclusive developmental trajectory amid global climate uncertainties.
Keywords: Climate Change, Environment, Legal Framework

Introduction
The legal dimensions of climate change in India represent a complex and evolving area of jurisprudence, reflecting the nation’s commitment to both sustainable development and international environmental obligations. As one of the world’s largest and rapidly developing economies, India faces unique challenges in balancing economic growth with environmental protection. This tension is further complicated by the country’s diverse socio-economic landscape and its vulnerability to climate-related impacts, such as extreme weather events, rising sea levels, and diminishing natural resources. Consequently, the legal framework governing climate change in India encompasses a multifaceted array of legislation, judicial decisions, and policy initiatives aimed at mitigating and adapting to these challenges. As per the reports of the UNICEF, India has experienced an average temperature increase of approximately 0.7°C between 1901 and 2018, primarily attributed to the warming effects induced by greenhouse gases, resulting in climate change. In 2019, India ranked seventh globally in terms of the impact from extreme weather events linked to climate change, both in terms of human fatalities (2,267 individuals) and economic losses (66,182 million US$ PPP). These extreme weather events have rendered 17 out of every 20 people in India vulnerable to hydrological and meteorological disasters such as floods, droughts, and cyclones. This article aims to critically analyze the key legal instruments and regulatory mechanisms that have been implemented to address climate change in India. It will examine the role of the judiciary in interpreting and enforcing environmental laws, the effectiveness of national and state-level policies, and India’s compliance with international climate agreements. Through this analysis, the article seeks to provide a comprehensive understanding of how legal measures are shaping India’s response to climate change, highlighting both the successes and the areas needing reform to enhance the country’s environmental resilience and sustainability.

Environmental Jurisprudence vis-a-vis Constitution of India, 1950
The evolution of ecological jurisprudence in India has been remarkable. The Indian Constitution is among the ninety constitutions worldwide that include specific legislation and provisions dedicated to the protection, promotion, and preservation of the natural environment. In addition to various progressive laws, the role of the Indian judiciary has been crucial. Presently, most environmental activities in India operate under Articles 32 and 226 of the Constitution of India, 1950. The judicial writing process is preferred over traditional litigation due to its simplicity, relative affordability, and direct access to the country’s highest courts. In environmental cases, the Supreme Court’s authority to issue directives under Article 32, alongside the high courts’ powers under Article 226, has gained significant importance.

Important Statutes dealing with Climate Change in India
India’s legislative landscape on environmental and climate issues is comprehensive, reflecting the nation’s commitment to sustainable development and ecological preservation. Key statutes have been enacted to address diverse aspects of environmental protection, from air and water quality to forest and wildlife conservation. These laws empower both Central and State governments to implement robust measures for mitigating pollution, conserving natural resources, and promoting energy efficiency. The following overview highlights the major legislative instruments that form the backbone of India’s environmental policy framework, each playing a critical role in addressing the multifaceted challenges posed by climate change.
The Environmental Protection Act, 1986 – It is a cornerstone of India’s legislative framework addressing climate change. This Act grants authority to both Central and State governments to achieve two primary objectives: enhancing environmental quality and preventing environmental pollution.

The Air Prevention and Control of Pollution Act, 1981 – It is pioneering legislation that empowers the State to regulate air pollutant emissions. It authorizes the State to inspect factories, evaluate control equipment, and oversee manufacturing processes to ensure compliance. Industries must adhere to the standards set forth in this Act to operate legally.

The National Green Tribunal Act, 2010 – It established the National Green Tribunal, tasked with expediting the resolution of environmental protection cases. These tribunals have jurisdiction over significant environmental issues, facilitating swift and effective legal recourse.

The Energy Conservation Act, 2001 – It provides a legal framework for promoting energy efficiency. It mandates the use of energy-efficient equipment and sets comprehensive guidelines for power development, aiming to reduce energy consumption and enhance sustainability.

The Forest Conservation Act, 1980 – It focuses on preserving India’s forests, designating them as government property. The Act requires compensatory measures for any diversion of forest land to non-forest purposes, ensuring continued forest conservation.

The Water Prevention and Control of Pollution Act, 1977 – It aims to prevent water pollution from agricultural, industrial, and domestic sources. It also regulates the cess on water consumption, promoting efficient water use and pollution control.

The Wildlife Protection Act, 2002 – It aims to safeguard India’s wildlife by establishing uniform legislation, creating a network of national parks and wildlife sanctuaries, and regulating the illegal trade of wildlife and its products.

Finally, the Biological Diversity Act, 2002 promotes the conservation and sustainable use of biodiversity. This Act supports equitable sharing of benefits arising from India’s biological resources, aligning with international biodiversity conservation goals.

National Action Plan on Climate Change, 2008
The National Action Plan on Climate Change (NAPCC), unveiled by the Indian Prime Minister on June 30, 2008, represents India’s strategic response to the profound challenges posed by climate change. This plan underscores the necessity of sustaining a high economic growth rate to improve living standards and mitigate vulnerability to climate impacts. Central to the NAPCC are eight National Missions: National Solar Mission, National Mission for Enhanced Energy Efficiency, National Mission on Sustainable Habitat, National Water Mission, National Mission for Sustaining the Himalayan Ecosystem, National Mission for a Green India, National Mission for Sustainable Agriculture, and National Mission on Strategic Knowledge for Climate Change. These missions collectively aim to promote understanding, adaptation, and mitigation of climate change, while enhancing energy efficiency and conserving natural resources.
The plan’s principles emphasize inclusive and sustainable development, ecological sustainability, efficient end-use demand management, extensive technology deployment for adaptation and mitigation, and innovative market and regulatory mechanisms. Each mission has specific objectives: for instance, the National Solar Mission seeks to establish India as a global leader in solar energy, and the National Mission for Enhanced Energy Efficiency aims to strengthen the energy efficiency market. The National Water Mission focuses on integrated water resource management to enhance water use efficiency, while the National Mission for a Green India aims at ecosystem services enhancement through increased forest cover. The comprehensive approach of NAPCC, involving various stakeholders and leveraging public-private partnerships, seeks to ensure India’s resilient and sustainable development in the face of climate change.
Landmark Cases on Climate Change in India
In 1992, in the case of M.C. Mehta vs. Union of India and Ors., the Hon’ble Supreme Court of India issued a landmark ruling addressing vehicular emissions within the country. A retired Supreme Court judge, along with three other members, was appointed to propose measures for controlling vehicle pollution on a national scale. Subsequent orders mandated the supply of lead-free petrol in India and the adoption of natural gas and other alternative fuels for vehicular use. Lead-free petrol was introduced in the four metropolitan cities beginning in April 1995. Additionally, all new cars registered from April 1995 onwards were required to be equipped with catalytic converters. Compressed Natural Gas (CNG) outlets were also established to provide CNG as a clean fuel in Delhi and other cities, complementing the implementation of Euro 2 standards.
In the case of Indian Council for Enviro-legal action etc. vs. Union of India & Ors., the Supreme Court of India was dealing with a case where in Rajasthan, at Bichhri, five small chemical factories owned by a single individual operated without effluent treatment plants. Consequently, toxic industrial effluents contaminated the groundwater, affecting 14 village wells. Following a six-year legal battle, the Supreme Court, in March 1996, issued a judgment mandating the closure of the factories. Additionally, the Court ordered the transfer of the polluter’s property to the Department of Environment and Forests, Government of India. The judgment also stipulated that the industries responsible for the environmental damage bear the costs of ecological restoration.
In the case of M.C. Mehta vs. Union of India a landmark judgment delivered by the Hon’ble Supreme Court of India established the principle of Absolute Liability. The court ruled that the fertilizer plant, being in close proximity to human dwellings, could not be permitted to operate a hazardous industry near a populated area and ordered its relocation. The principle of deep pockets was also articulated in this case. This judgment signified a period of significant legislative advancement in India. The Parliament subsequently amended the Factories Act, 1948, incorporating sections from the judgment nearly verbatim. Additionally, the Public Liability Insurance Act was enacted, and the Emission Control Abatement Scheme was implemented. The Environmental Protection Act and the Policy for the Abatement of Pollution Control were also established.

Urgency of the issue and the way forward
India’s National Action Plan on Climate Change (NAPCC) represents a commendable effort to address the multifaceted challenges posed by climate change. However, moving forward, several strategic enhancements can further strengthen this framework. Firstly, there should be an increased emphasis on integrating local communities in the decision-making process. Empowering local stakeholders ensures that adaptation and mitigation strategies are culturally appropriate and more effectively implemented.
Additionally, expanding public-private partnerships can accelerate technological innovation and dissemination. By incentivizing private sector investments in green technologies, India can harness cutting-edge solutions to reduce carbon emissions and enhance energy efficiency. The government could introduce tax breaks and subsidies for businesses that pioneer sustainable practices, thereby fostering an environment conducive to eco-friendly innovation.
Moreover, enhancing data collection and sharing mechanisms is crucial. Establishing comprehensive and accessible climate data repositories will facilitate informed policy-making and enable precise tracking of progress towards climate goals. This data-driven approach can identify areas needing urgent attention and measure the effectiveness of implemented policies.
Finally, continuous education and awareness programs are essential to cultivate a climate-conscious populace. Incorporating climate education into the national curriculum and conducting regular public awareness campaigns can drive behavioral changes necessary for long-term sustainability. By adopting these forward-thinking strategies, India can bolster its climate resilience and ensure that its development trajectory remains sustainable and inclusive.

Conclusion
In conclusion, India’s legal response to climate change reflects a dynamic interplay between legislative innovation, judicial oversight, and policy implementation. The evolution of ecological jurisprudence, underscored by landmark judgments and robust statutory frameworks, exemplifies India’s commitment to environmental stewardship amidst developmental imperatives. The National Action Plan on Climate Change (NAPCC) and pivotal legislative enactments, such as the Environmental Protection Act and related statutes, provide a comprehensive framework for mitigating environmental degradation and fostering sustainable development. However, as India navigates the complexities of climate change, enhancing stakeholder engagement, fostering technological innovation through public-private partnerships, improving data accessibility for evidence-based policymaking, and promoting widespread environmental literacy emerge as critical imperatives. By leveraging these strategic initiatives, India can bolster its resilience against climate risks while advancing a sustainable developmental agenda. This necessitates a concerted effort to balance economic growth with environmental integrity, ensuring that future generations inherit a habitable planet resilient to the challenges of a changing climate.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by – Anurag Das