Source: The Hindu 

Introduction 

The recent judgment by the Supreme Court of India in M.K. Ranjitsinh and others v. Union of India marks a watershed moment in Indian environmental jurisprudence. By recognizing a constitutional right to be "free from the adverse impacts of climate change,". The Apex Court has suggested new avenues for climate action and environmental protection in India.  

• This right, derived from the fundamental rights to life (Article 21) and equality (Article 14) enshrined in the Constitution of India,1950 (COI), represents a significant step forward in the evolution of climate law in the country. 

How does the Court's Decision Elevate Climate Protection to Constitutional Status? 

• Constitutional Grounding: By sourcing this right from existing fundamental rights, the Court has elevated climate protection to a constitutional status.  
  • This move strengthens the legal basis for climate action and creates a powerful tool for citizens to demand government action on climate change. 
• Judicial Activism: The judgment demonstrates the Indian judiciary's willingness to address complex, long-term challenges like climate change.  
  • It reflects a growing trend of courts worldwide stepping in to fill the gap left by legislative inaction on environmental issues. 
• Expanded Scope of Article 21: The Court's interpretation further expands the already broad scope of the right to life under Article 21.  
  • This expansion recognizes that a stable climate is essential for the full enjoyment of other fundamental rights. 
• Equality Dimension: By linking climate protection to Article 14, the Court acknowledges the disproportionate impact of climate change on vulnerable populations, potentially opening new avenues for addressing climate justice issues. 
• The judgment marks a significant milestone but prompts concerns about practical implementation and enforcement of the right to be free from adverse climate impacts. 
• The necessity for a legislative framework to substantiate this newly acknowledged right emphasizes that piecemeal judicial interventions may inadequately tackle the systemic challenges posed by climate change in India. 

What are the Key Elements of an Indian Climate Law: Balancing Development and Climate Action? 

• Development-Oriented Approach: 
  • Recognize India's development imperatives 
  • Balance emissions reduction with poverty alleviation and economic growth 
  • Promote "development-first" climate action strategies 
  • Mandate integration of climate considerations in major development plans 
• Climate Resilience Emphasis: 
  • Equal focus on adaptation, resilience, and mitigation 
  • Require comprehensive climate risk assessments for major projects 
  • Develop framework for national and state-level adaptation plans 
• Just Transition Provisions: 
  • Ensure support for workers and communities in carbon-intensive industries 
  • Establish dedicated fund for reskilling, job creation, and economic diversification 
• Co-Benefits Focus: 
  • Prioritize actions with air quality, public health, energy security, and job creation benefits 
  • Mandate cost-benefit analyses including co-benefits in policy evaluation 
• Technology and Innovation: 
  • Promote R&D of clean technologies suited to Indian conditions 
  • Establish clean technology fund 
  • Provide incentives for private sector innovation in climate solutions 
•  Financial Mechanisms: 
  • Create or strengthen national climate fund 
  • Develop framework for mobilizing public and private finance for climate projects 
• Sectoral Targets and Strategies: 
  • Set sector-specific goals for key areas (energy, transport, industry, agriculture) 
  • Allow for tailored strategies addressing unique challenges in each sector 
• Subnational Action: 
  • Provide framework for coordinating climate action across national, state, and local levels 
  • Mandate development of state-level climate action plans 
  • Support implementation of subnational climate initiatives 
• Monitoring, Reporting, and Verification (MRV): 
  • Establish robust MRV system to track progress and ensure transparency 
  • Implement regular reporting requirements for government agencies and major private sector emitters 
• Review and Revision Mechanism: 
  • Include provisions for periodic review of targets and strategies 
  • Link review process to global stocktake under Paris Agreement 
  • Ensure adaptability to evolving climate science and technology 

How Can India Establish an Effective Institutional Framework for Climate Governance? 

• Climate Cabinet: A strategic body comprising key ministers and state Chief ministers, potentially chaired by the Prime Minister, would be responsible for setting overall climate strategy and ensuring policy coherence across sectors and levels of government. 
• Strengthened Executive Committee on Climate Change: The existing committee of senior bureaucrats could be given enhanced legal powers and responsibilities to coordinate implementation of climate policies across ministries and departments. 
• Climate Change Cells in Line Ministries: Each key ministry should establish a dedicated climate change cell to integrate climate considerations into sectoral policies and programs, working in coordination with the Executive Committee on Climate Change. 
• State Climate Change Authorities: Each state could be required to establish a climate change authority responsible for developing and implementing state-level climate action plans, adapting national strategies to local contexts. 
• Climate Finance Authority: A dedicated institution to mobilize, manage, and channel climate finance from both domestic and international sources, overseeing the proposed national climate fund and leveraging private sector investment. 
• Independent Climate Change Commission: An autonomous body responsible for monitoring and evaluating progress on climate action, providing annual reports to Parliament on the state of climate action in India. 
• Climate Justice Ombudsman: A dedicated office to address grievances related to climate impacts and ensure that climate policies are implemented in a just and equitable manner, providing a mechanism for enforcing the constitutional right to climate protection. 

What Legal Mechanisms are Essential for Implementing and Enforcing India's Climate Law? 

• Statutory Duties: Impose clear obligations on government bodies to develop and implement climate action plans, integrate climate considerations into decision-making, and report progress. 
• Climate Impact Assessments: Mandate assessments for major policy decisions, development plans, and infrastructure projects. 
• Public Interest Litigation: Recognize citizens' right to bring legal action to enforce climate obligations, including class action suits. 
• Compliance Mechanisms: Establish clear monitoring systems, including regular audits, mandatory reporting, and penalties for non-compliance. 
• Climate Budget Tagging: Require government departments to tag and report climate-related expenditures in budgets. 
•  Inter-State Climate Council: Create a formal mechanism for coordination between central and state governments on climate issues. 
• Corporate Climate Disclosure: Mandate climate risk disclosure for large companies, building on existing ESG reporting requirements. 
• Climate Change Tribunals: Establish specialized tribunals to handle climate-related disputes and enforcement actions. 
• Citizen Enforcement Mechanisms: Provide citizen suits and protect environmental defenders from retaliation. 
• International Cooperation Provisions: Include mechanisms to align domestic climate action with international commitments and engage in global carbon markets and climate finance mechanisms. 

Conclusion 

The Supreme Court's recognition of a constitutional right to freedom from adverse climate impacts marks a transformative moment for India's climate jurisprudence. The imperative now is to translate this landmark judgment into tangible progress through the enactment of comprehensive climate legislation. Such legislation, grounded in a rights-based framework and supported by robust implementation mechanisms, holds the key to effectively addressing climate challenges while advancing sustainable development goals and enhancing India's global climate leadership.