Introduction – Meaning, Nature and Global Concern
Climate change refers to long-term alterations in temperature, precipitation patterns, and weather systems primarily caused by human activities such as burning fossil fuels, deforestation, and industrial emissions of greenhouse gases. Unlike localized environmental pollution, climate change is a global phenomenon with transboundary impacts, affecting ecosystems, food security, water availability, public health, and livelihoods. Its consequences are long-term, cumulative, and often irreversible, making legal regulation both complex and essential.
The legal framework on climate change seeks to mitigate greenhouse gas emissions, promote adaptation to climate impacts, ensure climate justice, and balance economic development with environmental sustainability. In India, climate change law is shaped by a combination of international commitments, constitutional principles, statutory provisions, and judicial interpretation.
Evolution of Climate Change Law at the International Level
The international legal framework on climate change began with scientific recognition of global warming and culminated in multilateral environmental agreements. The United Nations Framework Convention on Climate Change (UNFCCC), 1992, is the foundational treaty, aiming to stabilize greenhouse gas concentrations at a level that prevents dangerous anthropogenic interference with the climate system. The Convention introduced the principle of Common But Differentiated Responsibilities (CBDR), recognizing differing historical responsibilities of developed and developing countries.
The Kyoto Protocol, 1997, imposed binding emission reduction targets on developed countries, marking the first attempt at enforceable climate obligations. Subsequently, the Paris Agreement, 2015, adopted under the UNFCCC, shifted towards nationally determined contributions (NDCs), requiring all countries, including India, to set and update climate action targets while emphasizing climate finance, technology transfer, and adaptation support.
India’s International Commitments on Climate Change
India is a party to the UNFCCC, Kyoto Protocol, and Paris Agreement. Under the Paris Agreement, India has submitted its Nationally Determined Contribution (NDC), committing to reduce emission intensity of GDP, increase the share of non-fossil fuel-based energy, and create additional carbon sinks through afforestation.
Although international climate agreements are not directly enforceable in domestic courts unless incorporated into municipal law, Indian courts frequently rely on these commitments to interpret environmental obligations and policy decisions.
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Domestic Legal Framework on Climate Change in India
India does not have a single comprehensive climate change statute. Instead, climate regulation is embedded within existing environmental laws and policies. The Environment (Protection) Act, 1986 serves as the umbrella legislation empowering the Central Government to regulate emissions, energy efficiency, and environmental standards relevant to climate mitigation and adaptation.
Other laws such as the Air (Prevention and Control of Pollution) Act, 1981, the Forest (Conservation) Act, 1980, and the Biological Diversity Act, 2002 indirectly contribute to climate governance by regulating emissions, protecting carbon sinks, and conserving ecosystems.
Climate Change Policies and Action Plans in India
A significant policy instrument is the National Action Plan on Climate Change (NAPCC), 2008, which outlines India’s climate strategy through eight National Missions, including the National Solar Mission, National Mission for Enhanced Energy Efficiency, and National Mission for Sustaining the Himalayan Ecosystem. These missions aim to promote low-carbon development while addressing climate vulnerability.
States have also prepared State Action Plans on Climate Change (SAPCCs), integrating climate considerations into regional planning and development policies.
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Role of the Judiciary in Climate Change Governance
Indian courts have played a proactive role in climate-related matters by interpreting environmental protection as an integral part of the right to life under Article 21 of the Constitution. Although climate change litigation in India is still evolving, courts have addressed climate issues through cases involving air pollution, deforestation, industrial emissions, and sustainable development.
In M.C. Mehta v. Union of India (Taj Trapezium and Vehicular Pollution cases), the Supreme Court addressed emissions and environmental degradation, indirectly contributing to climate mitigation. In Vellore Citizens’ Welfare Forum v. Union of India (1996), the Court recognized sustainable development and the precautionary principle, both of which are foundational to climate change law.
The National Green Tribunal (NGT) has increasingly dealt with climate-related issues, particularly those involving air pollution, environmental impact assessment, and ecological degradation.
Climate Change, Human Rights and Climate Justice
Climate change disproportionately affects vulnerable communities, raising serious issues of climate justice and human rights. Indian courts have recognized that environmental degradation threatens the rights to life, health, livelihood, and dignity. Climate governance in India therefore intersects with constitutional values, Directive Principles of State Policy under Article 48A, and Fundamental Duties under Article 51A(g).
The principle of inter-generational equity, recognized by Indian courts, further strengthens the legal obligation to address climate change for the benefit of future generations.
Challenges and Limitations of Climate Law in India
Despite policy initiatives, India faces challenges such as absence of a dedicated climate law, weak enforcement, dependence on fossil fuels, and balancing developmental needs with climate obligations. Climate litigation remains fragmented, and regulatory mechanisms often rely on executive discretion rather than statutory mandates.
However, increasing judicial awareness, international pressure, and public interest litigation continue to shape climate jurisprudence in India.
Recent Developments and Policy Trends
Recent years have seen increased focus on renewable energy expansion, carbon markets, climate finance, and adaptation strategies. India has also engaged in global initiatives on sustainable development and climate resilience. Climate considerations are gradually becoming central to environmental clearance processes and infrastructure planning.
Mind Map – Text-Based Overview
Climate Change Legal Framework
│
├── Global Treaties – UNFCCC, Kyoto, Paris
├── Core Principles – CBDR, Sustainability
├── Indian Laws – EPA, Air Act, Forest Act
├── Policies – NAPCC & SAPCCs
├── Judiciary – Article 21 Interpretation
├── Institutions – MoEFCC, NGT
└── Justice – Human Rights & Equity
Situation-Based Questions and Answers
If a project causes excessive emissions and environmental degradation, affected persons may challenge it under the Environment (Protection) Act and EIA framework before the NGT. If government policies ignore climate impacts, courts may apply the precautionary principle and sustainable development doctrine. Climate-related harms affecting health and livelihood may be raised as violations of Article 21.
