'Institutional Lacunae Undermines Climate Action, Coordinated Effort Of Various Ministries Needed' : Supreme Court

Various Ministries overseeing environmental issues appear to be working in "silos", observed the Supreme Court, while expressing a concern that "institutional lacuna undermines comprehensive climate action and engenders accountability deficit."The Court also observed that a reassessment of existing statutes, such as the Environment Protection Act, 1986, and the Air (Prevention and Control of Pollution) Act, 1981, and other similar legislations is necessary with a view to incorporate climate-centric enforceable mandates.The Court further said that various regulatory bodies, such as the Pollution Control Boards, often grapple with fiscal constraints.The bench of Justice PS Narasimha and Justice Manoj Misra made these significant observations while hearing a PIL filed by child-activist, Ridhima Pandey on the issue of carbon emissions and their impact on the environment. Considering the significance of coordinated efforts for measures against increased carbon emissions, the Supreme Court sought responses from eight major Union Ministries related to environment policies. The Court issued notice and sought a response from the following Union Ministries as well :i) Ministry of New and Renewable Energy (MNRE); ii) Ministry of Power; iii) Ministry of Urban Development; iv) Ministry of Road Transport and Highways (MORTH); v) Ministry of Petroleum and Natural Gas (MOPNG); vi) Ministry of Textiles; and vii) Department of Science and Technology; viii) Ministry of Mines.The bench directed : "Let notice be issued to the newly impleaded respondents. Mr. Vikramjit Banerjee, learned Additional Solicitor General takes notice on behalf the newly impleaded respondents." The Court also flagged major concerns about the rising signs of climate change and its potential to cause social, economic, and legal devastation of quality of life. The bench observed : Climate change has ascended as one of the most existential global predicament, wielding profound ramifications beyond mere environmental degradation. Escalating temperatures, erratic weather patterns, and the proliferation of extreme climatic events such as floods, droughts, and heatwaves not only imperil ecosystems but also disrupt human life, livelihoods and socio-economic structures. The economic ramifications are equally profound, as climate change exacerbates vulnerabilities to public health, low per acre yield leading to declining agricultural productivity and increase in energy consumption amongst many other effects. The socio-economic repercussions are particularly acute in fast developing nations like India, where vast populations depend on climate-sensitive sectors for subsistence. Thus, addressing climate change transcends environmentalism, emerging as an exigent matter of economic resilience, social justice, and sustainable development.The Court observed that Indian domestic policy domain has adopted and developed Pivotal initiatives including the National Action Plan on Climate Change (NAPCC), National Clean Air Programme, and the State Action Plans on Climate Change (SAPCCs) as a consequence of its international environmental law obligations. However, the bench further held that for an effective implementation of the said policies, " a meticulous reassessment of existing statutes, such as the Environment Protection Act, 1986, and the Air (Prevention and Control of Pollution) Act, 1981, and other similar legislations with a view to incorporating climate-centric enforceable mandates." Acknowledging the various obstructions that government entities face for climate change, like capacity, resources, and its enforcement, the Court held that such an 'institutional lacuna creates accountability deficit and defeats the objective of climate action. The bench cited various examples of such institutional lacuna affecting efficient administration : "For instance, the CAQM-constituted to mitigate air pollution in the National Capital Region lacks jurisdictional competence beyond delineated territories, thereby circumscribing its operational efficacy. Moreover, inter- ministerial coordination among entities overseeing such as Ministries of Environment, Renewable Energy, Power, and Urban Development, Petroleum & Natural Gas, Textile, and Department of Science and Technology appears to be working in silos. This institutional lacuna undermines comprehensive climate action and engenders accountability deficit." "Additionally, regulatory bodies often grapple with fiscal constraints, staffing inadequacies, and restricted access to real time empirical data, further attenuating their operational effectiveness." Court added further. ASG Banerjee and Sr Advocate Swarupma Chaturvedi appeared for the Union. Advocate Rahul Choudhary represented the petitioner. On the last hearing, the Court appointed Advocates Jay Cheema and Sudhir Mishra as Amici Curiae to examine the existing legal framework governing emissions.The matter will now be heard on March 28. Background The petition was...

'Institutional Lacunae Undermines Climate Action, Coordinated Effort Of Various Ministries Needed' : Supreme Court

Anmol Kaur Bawa

The Court also observed that a re-assessment of the existing laws are required to incorporate climate-centric mandates.

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