Supreme Court Directs Centre to Formulate Climate-Resilient Laws
- ByAdmin --
- 29 May 2025 --
- 0 Comments
The Supreme Court of India has recently issued directives to the Central Government to take urgent and comprehensive steps towards creating climate-resilient laws and policies. This move aims to strengthen India’s legal framework to effectively address the challenges posed by climate change, ensuring sustainable development and environmental protection.
Context and Background
India faces increasing climate-related threats such as extreme weather events, rising temperatures, and adverse impacts on agriculture and biodiversity. The judiciary recognized that existing laws are often fragmented or inadequate to fully address the complexities of climate resilience.
In a public interest litigation, the Court called upon the Centre to develop a coordinated strategy that integrates climate resilience into all relevant legislative and policy measures.
Key Directives by the Supreme Court
- Formulation of Climate-Resilient Legal Framework
The Court urged the government to enact and update laws to incorporate climate adaptation and mitigation strategies, ensuring they are robust and forward-looking.
- Integration Across Sectors
Laws related to agriculture, water resources, urban planning, forestry, disaster management, and energy must embed climate resilience principles.
- Regular Review and Monitoring
The government must establish mechanisms for periodic review of climate policies and their legal effectiveness.
- Public Participation and Transparency
Legal frameworks should mandate stakeholder consultation, including vulnerable communities, scientists, and civil society, in policymaking.
Legal and Constitutional Basis
- Article 21 – Right to Life
The Court emphasized that a healthy environment is integral to the right to life. Climate change impacts directly affect this fundamental right, requiring proactive legal safeguards.
- Article 48A – Directive Principles of State Policy
Imposes a duty on the State to protect and improve the environment and safeguard forests and wildlife.
- Environment (Protection) Act, 1986
Provides broad powers to the government to take measures for environmental protection but requires strengthening to incorporate climate resilience.
- Disaster Management Act, 2005
Offers a legal framework for managing climate-induced disasters but needs integration with climate adaptation strategies.
- National Action Plan on Climate Change (NAPCC)
Though a policy framework, the Court noted the necessity to translate its missions into enforceable legal provisions.
Importance of Climate-Resilient Laws
- Addressing Vulnerability
Climate change disproportionately affects marginalized and vulnerable populations. Legal measures can help build community resilience and ensure equitable protection.
- Sustainable Development
Integrating climate considerations into laws supports long-term economic and social sustainability without compromising environmental integrity.
- Disaster Preparedness
Enhanced legal provisions can improve disaster risk reduction, early warning systems, and emergency response.
- International Commitments
Strengthening domestic laws aligns India with global climate agreements like the Paris Agreement, enhancing compliance and accountability.
Recommendations for Policy and Legal Reforms
- Climate Impact Assessments
Mandatory climate risk assessments for all major development projects and urban planning initiatives.
- Incentives for Green Technology
Legal provisions to promote renewable energy, energy efficiency, and low-carbon technologies.
- Water and Forest Laws
Reform to protect water resources and forests as natural buffers against climate impacts.
- Community-Based Adaptation
Laws supporting local governance and traditional knowledge in climate resilience strategies.
- Strengthening Enforcement
Clear penalties and monitoring mechanisms for violations of climate-related regulations.
Conclusion
The Supreme Court’s directive marks a pivotal step in embedding climate resilience into India’s legal system. By urging the Centre to take immediate action, the Court acknowledges the urgent need to safeguard public health, livelihoods, and ecosystems from the growing threats of climate change. The evolving legal landscape will be critical in guiding India towards a sustainable and climate-resilient future. The matter remains under judicial review, with further hearings expected on the government’s progress in implementing these measures.
RELATED Blog
0 comments