Climate change laws and policies

Author: Rachel R Gomba, Vishwakarma University

India’s climate policy scheme cooperates  constitutional tenets, grand national plans and judicial observation to handle ecological challenges. Following the guidance of Article 21, which guarantees the right to a healthy environment and worldwide engagement such as the Paris Agreement, India as a nation initiated the National Action Plan on Climate Change (NAPCC) with the mission of turning solar power to sustainable agriculture.The policies are implemented by the Ministry of Environment and institutions like the  body which covers the issue of enforcing climate change plans in states which is NGT. Newly there have been stronger emissions regulations and driven renewable energy goals, but India continues to face social control loopholes and the problem of reconciling growth with environmental preservation.

To the point

The policies and laws are strongly rooted in constitutional rights, judicial norms and an expanding of national plans.The  Article 21 of the Constitution as understood by the Supreme Court ensures the right to a healthy and clean environment in the same manner with providence of the legal foundation for environmental protection.  The National Environment Policy (2006) values sustainable development, inter generational fairness and the principle of polluter pays  while  the key major  judicial judgments which are the Oleum Gas Leak case brought about the doctrine of absolute liability for risk industries. The enforcement is lead by the Ministry of Environment, Forest and Climate Change, the Central and State Pollution Control Boards and the National Green Tribunal (NGT) which has taken over a difficult posture on environmental cooperation.

Use of legal Jargon
The legislation of India’s climate change is supported on a powerful combination of constitutional requirements, statutory laws and court doctrines. The foundation of all the laws is under Article 21 which entitles everyone to take care of the environment. This has given the courts the duty to raise the doctrines of  absolute liability laid down in the Oleum Gas Leak case, making enterprises strictly liable for environmental damage without exception. The Environmental Protection Act, 1986 is an comprehensive law that gives authority to  the central government to give information, fix standards and control emissions. The NGT of 2010  initiated the quasi judicial body with suo motu authority to give decisions on disputes over the environment. Important principles which are  public trust, polluter pays and precautionary principle falls under the Indian judiciary jurisprudence of environment. It carters issues of pollution whereby the pollution boards were initiated.

The proof
Around the universe climate change policies and laws are  getting developed through combined international bonds, constitutional provisions and other provisions that gives the environment a safety assurance. India has got various doctrines that give in full sight of the protection of the environment such as Article 21, Environmental Protection Act of 1986, NGT (National Green Tribunal). They are protected by sectoral regulations and state action plans despite  facing challenges in coordination and social control remain. Internationally  around 80% of citizens in all the 20 nations the U.S., Brazil and Japan among others support world peaceful  climate measures like carbon budgeting among others. Organizations which comprises of human rights are calling on nations to ensure resettlement policies help dignity and community engagement for those relocated cause of rising seas. Though various strategies exist, there’s rise of  agreement that reconciliation of climate governance  should be done with enforcement to ensure international solidarity, economic equity and legal rights.

Abstract
India’s climate change legal and policy structure evidences an active interplay among constitutional imperatives, statutory legislation, and international commitments. Rooted in Article 21 of the Constitution assuring the right to a healthy environment, the structure encompasses important legislation like the Environmental Protection Act, 1986, and policy measures like the National Action Plan on Climate Change. Judicial principles like absolute liability, polluter pays and the “precautionary principle have played a key role in developing environmental jurisprudence, implemented by institutions like the National Green Tribunal. India’s strategy, though assertive, needs to shift towards stronger corporate responsibility, decentralized rule, and climate resilience that involves everyone in order to achieve its net-zero goals and support sustainable development.

Case laws
K. Ranjitsinh & Ors v. Union of India & Ors (2024)
The Supreme Court ruled that the right to be climate change-free is an element of the key right to life and equality secured under Articles 21 and 14. This verdict increased the scope of environmental rights and emphasized the state’s duty for lessening  climate dangers.

Ridhima Pandey v. Union of India (2017)
The case relied on the Public Trust Doctrine and the inter generational fairness principles which claimed that the failure of the government to act on climate change was a breaking out of constitutional and legislative obligations.

Conclusion

India’s climate change legal point of view shows a rising dedication to sustainability with constitutional safeguards, environmental laws and innovative court judgments. Despite programs such as the NAPCC and the National Green Tribunal  has brought structure and accountability, challenges  in enforcement and resource constraints continues.Universally  there is rise in  popular support for combined climate action places aiming on India to modify restrictive coherence and promote inclusive, climate-resilient development.

FAQS

Legal basis of action on climate change in India.

The basis of action are found in the Article 21 of the Constitution which gives everyone the right to a clean and safe environment. This has been supported by laws which are the Environmental Protection Act 1986 and judicial principles such as polluter pays and absolute liability.

National Action Plan on Climate Change (NAPCC).
This was initiated in the year of  2008, the NAPCC give an insight of how  India’s approach towards adjusting  to and reducing climate change. It encompasses  eight national missions, including the National Solar Mission and National Mission for Sustainable Agriculture, on energy efficiency, water conservation and protection of ecosystems.

Who implements climate legislation in India

The Ministry of Environment and others boards such as Central and State Pollution Control Boards is the one responsible for upholding the laws of environment. Environmental conflicts are judged by the National Green Tribunal (NGT) and enforced for cooperation.