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A Framework Law for Low-Carbon Climate Resilient Development
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Context
The Supreme Court of India's landmark judgment in M.K. Ranjitsinh and Others vs Union of India recognizes the right to be "free from the adverse impacts of climate change". This necessitates a comprehensive climate legislation tailored to India's developmental context.
Need for a Climate Framework Law:
- Right to Climate Protection: The Supreme Court's recognition of the right to be free from climate change impacts requires legislative backing for effective implementation.
- Development Reorientation: India needs to redirect its development towards low-carbon and climate-resilient futures, necessitating a systematic approach.
- Social Justice Imperative: The law must address climate vulnerabilities and ensure a just energy transition, grounded in advancing social justice.
Key Features of the Proposed Climate Law:
- Procedural Framework: The law should establish well-defined procedures applicable across government levels to realize the right to protection against climate change effects.
- Institutional Structure: It should create a governance structure for strategizing, prioritizing, and evaluating climate policies.
- Development-Centric Approach: The law must focus on squeezing maximum development from each ton of carbon while avoiding high-carbon lock-ins, given India's low per capita emissions.
Institutional Mechanisms:
- Low-Carbon Development Commission: An independent body of experts to offer practical solutions for low-carbon growth and resilience to national and state governments.
- Climate Cabinet: A high-level strategic body comprising ministers and chief ministers to drive climate strategy across government departments.
- Coordination Mechanism: Reinvigoration of the Executive Committee on Climate Change with clearly specified legal powers and duties.
Federal Considerations:
- Subnational Engagement: The law must meaningfully engage with state and local governments, given their crucial role in areas like electricity, agriculture, and water management.
- Scientific Capacity Building: Establish channels for subnational governments to access national scientific capacity.
- Climate-Aligned Financing: Require centrally-sponsored schemes to align with climate goals and implement climate tagging of expenditure.
UPSC Mains Questions:
Q. Discuss the need for a comprehensive climate framework law in India. How can such legislation balance development imperatives with climate resilience and low-carbon growth?
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