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Environmental Law: Climate Change Laws in India

Climate change presents one of the most significant challenges facing India today. As a rapidly developing country, balancing economic growth with environmental protection has become increasingly crucial. In this chapter, we explore the key legislation and regulations related to climate change in India, with a focus on their impact on the environment and society.

The Paris Agreement and India's Nationally Determined Contributions (NDCs)​

India ratified the Paris Agreement in 2015, committing to reduce its greenhouse gas emissions intensity by 33-35% below 2005 levels by 2030. To achieve this goal, India set out its Nationally Determined Contributions (NDCs) under the Paris Agreement.

This section empowers the Central Government to take measures necessary to protect and improve the quality of the environment. It forms the basis for implementing India's commitments under the Paris Agreement.

The National Clean Energy and Environment Policy, 2006​

This policy aims to promote clean energy technologies and mitigate environmental degradation caused by industrial activities.

This section defines "clean energy" as energy produced from renewable sources such as solar, wind, and biomass.

The Climate Change Bill, 2020​

Although not yet enacted, this bill proposes several measures to address climate change, including:

  • Establishing a National Climate Change Authority
  • Creating a Green Credit Scheme
  • Implementing a Carbon Pricing Mechanism

This clause outlines the powers and functions of the proposed National Climate Change Authority.

Case Law: Ministry of Environment, Forest and Climate Change v. Vellore Citizens' Welfare Forum & Ors., 1996​

In this landmark case, the Supreme Court of India recognized the fundamental right to a healthy environment and directed the government to implement pollution control measures.

Legal Section: Article 21 of the Constitution of India​

This fundamental right to life includes the right to live in an environment free from pollution and degradation.

Case Law: Orissa Mining Corp. Ltd. v. Ministry of Environment & Forests, 2013​

This case established the principle that environmental clearance is mandatory for mining projects exceeding 20 hectares.

This section requires environmental clearance for projects that may cause significant adverse impacts on the environment.

Conclusion​

Climate change laws in India are evolving rapidly to address the growing challenges posed by global warming. While significant progress has been made, much work remains to be done to fully implement India's commitments under international agreements and domestic legislation. As law students and future legal professionals, understanding these laws and their practical implications is crucial for shaping India's sustainable development path.

References

  1. Ministry of Environment, Forest and Climate Change. (2020). Climate Change Bill, 2020.
  2. Government of India. (2006). National Clean Energy and Environment Policy, 2006.
  3. Supreme Court of India. (1996). Ministry of Environment, Forest and Climate Change v. Vellore Citizens' Welfare Forum & Ors.
  4. Supreme Court of India. (2013). Orissa Mining Corp. Ltd. v. Ministry of Environment & Forests.
  5. Ministry of Environment, Forest and Climate Change. (2006). Environmental Impact Assessment Notification, 2006.