Legislating For A Sustainable Future - Analysing Climate Change Policies And Laws In India
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Category: Environmental Law
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LEGISLATING FOR A SUSTAINABLE FUTURE:
ANALYSING CLIMATE CHANGE POLICIES AND LAWS IN INDIA
Rajat Singhvi, Chanakya National Law University, Patna
ABSTRACT
Climate change is an emerging threat to the global sustainable development agenda where countries in the developing world like India are likely to be on the receiving end of the impacts of climate change. India today is one of the fastest-growing economies globally, and as a result, the country has a unique burden of sustaining growth while managing the increasing environmental risks. This article examines India's legislative and policy response to climate change and sustainable development. A key consideration is India’s position in global greenhouse gas emissions and its vulnerabilities. It further looks into foreign policies specifying India’s NDCs with reference to the Paris Agreement that hinges on emission intensity reduction, increase in renewable power, and carbon stock enhancement.
The article also includes an assessment of legislations from within the country including the National Action Plan on Climate Change (NAPCC) and states’ policies to curb and respond to climate change impacts. India has played a pivotal role in international forums such as COPs, emphasizing climate justice and equitable burden-sharing. The article also critically assesses the achievement of sustainable development objective by using the legal frameworks like the Environmental Protection Act, Energy Conservation Act and the Forest Conservation Act among others. Thus, the article outlines the necessity of sound legislation, new ideas, and international collaboration toward establishing climate resilience for the future.
Of course, problems such as enforcement deficits and fiscal stringency persist; affirmatively, however, they present India as a model of how economic development and environmental conservation can intersect. This article examines the fact that legislating for sustainability is not just the only right thing to do, but also to ensure that the current generation meets its needs without compromising the ability of the future generations to meet their own needs and continue to have a good quality of life. Keywords: Climate Change, Sustainable development, Paris Agreement, National action plan on Climate change (NAPCC)
INTRODUCTION
Climate change is one of the most significant problems of the 21st century. It includes rising global temperatures, glacier melting, and extreme weather conditions, which pose a threat to businesses and people. This becomes especially important for countries such as India since the stakes are high for our country because it is trying to battle climate change challenges while also looking to grow economically. It has been observed by the scientists that the Earth is warming at a faster pace than it has done in the past for millions of years and now human induced greenhouse gases are considered to be the primary reason for this phenomenon. This warming is causing effects like sea level rising, desertification and loss of species. Across the world, floods, cyclones and droughts for instance are occurring frequently and heavily impacting people’s lives and their income earning activities.
India, recognized as one of the most climate-sensitive countries, has already experienced these effects. The bursting floods of Uttarakhand, water distribution in urban areas, unpredicted monsoons are signs of climate emergency. Additionally, Climate change imposes a heavy economic cost across various sectors, including agriculture, energy, and infrastructure. Being a developing country with a young population, India has a complex challenge before it. On one hand, the country is trying to grow its economy faster to help millions of people to uplift their standard of living and come out of the poverty trap, On the other hand, this growth should be sustainable so that it does not have to compromise the environment in the process. Currently, the requirement of energy is growing in India due to the factor of industrialization and development of infrastructure.
This has in the past been provided by coal which is one of the leading sources of GHG emissions. However, it is also home to renewable energy: India has its plans set on developing solar and wind energy. Sustaining these two factors; the economic development and environmental conservation, calls for strong legislation and policies. Climate policies form the backbone of a country’s climate management strategy. They approve and implement legal frameworks that enable environmental compliance and control pollution and emissions. For India, legislation is very much important to level domestic progress with those of Conference of Parties/Paris Agreement related pledges. In addition to mitigation, sound laws are especially necessary for adaptation most particularly in climate change.
The climatic vulnerabilities in India are climatically sensitive owing to geographical location having large coastal area which will be affected by rising sea level and glacier melting in Himalayas. The analysis highlighted how profound and correct policies could prevent the exclusion of weak population groups, protect the biophysical environment, and make the nation more resilient to climate change outcomes. In this context, it becomes important for the role of India’s legislative framework. Its ability to respond positively to the climate change will depend on its capacity to ensure that laws made lead to sustainable development and are enforced, whilst encouraging innovation and multisectoralism. This article, presents an overview of the current status of climate change policies and laws in India, and their effectiveness and the way to a sustainable future.
India's International Commitments India has been at the forefront of global climate action and has committed to green initiatives under the Paris Agreement. Its action plan recognizes both developmental necessities and climate responsibilities, establishing India as a key player in international climate forums. The Paris Agreement and India’s Pledge Under the Paris agreement, India submitted its Nationally Determined Contributions (NDCs) in 2015, outlining three major commitments. • Reduction in Emission Intensity: India plans on lowering its emission per unit of GDP by 33-35 % by 2030 in a comparison to the year 2005. • Renewable Energy Targets: The country has pledged to get 50% of its installed power generation capacity from non-fossil fuel based resources by 2030. 1 This includes a rather large augmentation of power produced from solar and wind resources.
• Creation of Carbon Sinks: India aims to improve forest and tree cover to create an
1 500GW Nonfossil Fuel Target | Government of India | Ministry of Power,
https://powermin.gov.in/en/content/500gw-nonfossil-fuel-target (last visited Mar 18, 2025) extra carbon pool to remove 2.5 to 3 billion tonnes of CO2 by 2030. These goals can be seen as an indication of India’s commitment to the world development agenda and to sustainable development in particular despite the country’s unique and potential disasters of climate change in this region. Some other key international commitments by India include: Renewable Energy Revolution: India has already forged its path with the International Solar Alliance (ISA), a collaborative initiative aimed at increasing the use of solar energy across the entire world. India achieved its
175 GW renewable energy target by 2022 and has revised its goal to 500 GW by 2030.2
Emission Intensity Reduction: By enacting legislation such as the Energy Conservation Act that has the Perform, Achieve and Trade (PAT) scheme, firms have been urged to increase energy efficiency levels. Carbon Sequestration Initiatives: On the same note, green initiatives such as the National Action Plan on Climate Change (NAPCC) through the Green India Mission intended to increase the area of the forest and the levels of biological diversity. India’s performance in global frameworks Progress on sustainable development goals The status of SDG 13 – Climate Action in India is analysed here with reference to the legislative and policy scenario. Carbon capture, utilization, and storage have not been widely implemented because responding to increasing industrial needs while addressing climate change continue to pose challenges in the field, despite remarkable progress in renewable energy.
The country’s own reporting on the SDGs can boast achievements in renewable energy and carbon reduction 2 Government declares plan to add 50 GW of renewable energy capacity annually for next 5 years to achieve the target of 500 GW by 2030, https://www. pib. gov. in/www. pib. gov. in/Pressreleaseshare. aspx? PRID=1913789 (last visited Mar 18, 2025) but also points to the lack of funding for adaptation. Participation in International Forums like COP • The Indian leadership at the COP 21 in Paris laid down the principle of climate justice and equitable burden-sharing. • At the COP26 held in Glasgow, the Prime Minister of India Mr Narendra Modi laid down the ambitious Panchamrit plan to achieve Net zero by 20703.
India plays an important role in the formulation of global climate debate especially in areas of financing, transfer of technology where the need of the developing world is effectively represented. Key Climate Change Legislation in India The Energy Conservation Act, 2001 Efficiency as an objective is integrated into the fabric of the Act and is broadly considered as the key to tackling climate change. By promoting energy-efficient practices in industries, transport, buildings, and appliances, the Act directly contributes to: Lowering Energy Consumption: This aims at reducing dependency on fossil fuels. Reducing Greenhouse Gas (GHG) Emissions: Reducing emissions from the important sectors that require energy in their operation. Fostering Sustainable Development: Aligning energy use with environmental goals.
The Perform, Achieve and Trade (PAT) scheme is one of the prominent initiatives under the Energy Conservation Act of India 2001 with an objective of enhancing the efficiency of energy in the energy intensive sectors. 4 As a signal-based policy, it targets specific sectors by pricing energy quantity corresponding to energy efficiency norms for the designated consumers (DCs) 3 India is committed to achieve the Net Zero emissions target by 2070 as announced by PM Modi, says Dr. Jitendra Singh, https://pib. gov. in/pib. gov. in/Pressreleaseshare. aspx? PRID=1961797 (last visited Mar 18, 2025)
4 Perform, Achieve and Trade (PAT) | BUREAU OF ENERGY EFFICIENCY, Government of India, Ministry
of Power, https://beeindia.gov.in/en/programmes/perform-achieve-and-trade-pat (last visited Mar 18, 2025) in the power sector along with other sectors such as steel, cement, and others. Those industries that go beyond these targets are rewarded with Energy Saving Certificates (ESCerts), which are tradable instruments with industries that fail to hit the targets. The PAT scheme results in the reduction of energy and GHG emissions by promoting the efficient adoption of energy efficient technologies and practices. It also ties industrial development to ecological protection; helping India meet its climate obligations, including under the Paris Agreement. Indian government formulated the National Action Plan on Climate Change (NAPCC) in
2008 which comprises of eight missions mainly focusing on climate change and sustainable
development. These are missions that address challenges of climate change and adaptation efforts where key areas are energy, water, agriculture and ecosystems. 5 These eight missions include- National Solar Mission: Discusses potential ways to increase solar energy generation in India, which aims at 100GW by 2022 and 280 GW by 2030. National Mission for Enhanced Energy Efficiency: Aims to enhance competitiveness of energy management in main sectors, thus positively affecting the utilisation of energy and reduction of emitted GHG. National Mission on Sustainable Habitat: Covers aspects of urban development and transportation, and building energy efficiency — with the goal of constructing cities that are sustainable and which commit low carbon emissions.
National Water Mission: Concerned with periodic water conservation, efficient use of scarce water, and management of water in response to climate changes. National Mission for Sustaining the Himalayan Ecosystem: It Is concerned with the biological diversity of the Himalayan region, it also covers areas like glacier shrinkage and the decline of habitats. National Mission for a Green India: Focuses on afforestation and the improvement of forest 5 https://static. pib. gov. in/WriteReadData/specificdocs/documents/2021/dec/doc202112101. pdf (last visited Mar 18, 2025) ecosystem goods and services with the goal of increasing area of forest cover and management of carbon stocks. National Mission for Sustainable Agriculture: Aims at advancing sustainable climate smart agriculture to produce food as well as deal with the effects of climate change.
National Mission on Strategic Knowledge for Climate Change: Participates in researches and data gathering to improve knowledge of climate change and support policy makers with needed information. The forest conservation act,1980 The regulation of the forest and their protection is done through the Forest Conservation Act (FCA) of 1980. Its primary purpose is to conserve forests through the control of alienation of forest land for purposes other than forestry. The Act deals with the four categories of forests, namely reserved forests, village forests, protected forests, and private forests. 6 According to the Act, any diversion must be done in consultation with the Centre and the affirmation for forest protection conscription in the planning of natural resource development.
FCA has principles that seek to reduce the rate of loss of the forest cover by demanding compensating affair estate either on an equivalent non-forest estate or the rehabilitation of the degraded lands. The Act has aided the sequestration of Carbon by improving on the afforestation programme to replace the losses from deforestation and the resulting emissions. These interventions form a part of various activities that are aimed at the minimization of carbon footprint in the environment. However, there have been some issues with the application of these approaches. There has been failure in compensatory implementation because of illegal activities such as forest diversions, and poor compliance. Furthermore, the compensation funds are not always used in the optimum requirement for afforestation. 6 Forest Conservation Act 1980, Objectives and Features, https://www. studyiq.
com/articles/forest-conservationact-1980/ (last visited Mar 18, 2025) The Environmental Protection Act, 1986 This act aims to provide a framework for environmental conservation and pollution control in India. It gives the central government sweeping authority over pollutants and environmental safety in the form of emission, discharge, and handling of unsafe materials. The Act also provides facilities for the formation of rules, penalties and formation of institution namely; National Green Tribunal (NGT). Other aspects that include give the central government the power to prescribe measures to regulate pollution, prescribe measures to prevent occurrences of accidents, and provide penalties for offenders as well as fines and imprisonment. The Act also shields certain employees from prosecution in the course of performing their duties under the Act.
Nonetheless, it has received criticism owing to the concentration of power in the organization and poor public involvement. Challenges in Climate change legislation Lack of Stringent Enforcement: It is still challenging to track and guarantee the adherence to climate laws because the supporting measures for their implementation may lack proper enforcement. This leads to still more damage to the environment, which ultimately negates policy efficacy. Funding and Resources: Lack of funds poses a major problem for enterprises undertaking climate adaptation projects. Furthermore, the limited access from global climate finance arrangements compounds the problem of funding important adaptation and mitigation interventions. Balancing Development and Environment: There are frequent tensions between industrialization and environment protection that appear to be omnipresent.
Achieving it, is a political and economic compromise. Data and Technology Gaps: Lack of adequate data about climate change for modelling and risk evaluation limits formulation of policy and determination of potential areas of interest. Judicial activism in climate governance There can be seen a marked shift in forms of judicial activism in the climate governance in India through common law like the case of MC Mehta v. In Union of India (1986)7 which as a typical example shows how the judiciary took an active part in protection of environment. This case developed from the Oleum gas leakage from the Shriram factory, showing why acute risky industries should not be established near populated communities.
The Supreme Court of India held that industries that carry out risky operations are liable for losses, which enhanced the traditional notion of absolute liability (as opposed to strict liability). The constitutional protection of the right to free and healthy environment was recognised for the first time in this judgment. It also noted, the right to life enshrined under Article 21 of the constitution which entails a healthy environment. The case also highlighted the use of the National Green Tribunal that was active in handling a lot of complaints regarding pollution and many other environmental issues. The NGT has sustained this tradition of assertiveness in matters of climate governance holding those accountable who have led to the degradation of the environment.
The way forward: Strengthening Climate Legislation Comprehensive Climate Law: The need of the hour is for India to have one dedicated climate law covering mitigation, adaptation, and risk management. Modern unconstitutional legislations do not efficiently address the climate issues in their entirety. A strong law could also provide check and balances, safeguard minorities and injection of international obligations in national laws. Enhancing Public-Private Partnerships (PPPs): Promoting private sector investments through PPPs in green technologies can catalyse the pace of deployment of renewable energy and energy efficient technologies, smart waste management systems and sustainable infrastructure. Private sector participation brings about investment and research in the relevant areas.
Capacity Building and Public Awareness: The Climate Change Commission works hard to inform stakeholders and make climate policies understood, and that is why schools and educators aim to introduce environmental issues into the curriculum. Empowering local people to be involved in decision making processes supports policy formulation outcomes.
7 M.C. Mehta vs Union of India & Ors, 1987 AIR 1086
Leveraging International Cooperation: India needs to enhance its engagement with global architectures and hence needed to access climate finance from Green climate Fund. Engagement with other international bodies is useful in improving on the technical inputs into projects that are conducive to living under climate change. Conclusion The trajectory of India’s climate policy to configure how it has progressively understood the imperative of coordinated and anticipatory climate laws. Although current environmental administration and policies have achieved much progress, they are still far from adequate to counteract the complex and constantly intensifying climate change. Fragmented regulations and enforcement mechanisms are ineffective and weak, therefore, it requires a broad, allencompassing climate law of mitigation, adaptation, and resilience.
A solid legislative framework must put consideration and proper incorporation of international obligations, including the Paris Agreement, into domestic actions with more emphasis on climate justice. It involves supporting the rights of marginalised groups who are worse affected by climate change and fostering their interjections into policy processes. Managing successful PPPs is vital to extend new green technologies and finance new infrastructure projects in the field of renewable energy, sustainable agriculture and efficient waste management. Awareness creation and increasing the general knowledge of the population are equally important. Providing citizens with climate policies and ensuring they are well informed increases the follow through of climate policies and enhancing policies that support the authority of regulatory agencies such as the NGT.
However, using international cooperation helps India with an issue of climate finance and superior technologies that can fast-track reformation. The need of the hour is to create principles that will regulate the climate issues, which will connect economical development with environment protection. Therefore, by aligning economic growth with environmental sustainability, India can become a global leader in climate action and ensure a prosperous future for all. Sustainability of legislative system can open the measures to maximize the ecological value while promoting development to improve the living standard of the present and future generations.