SC Judge Calls for NITI Aayog-like Body to Combat Climate Change in India

Supreme Court judge Justice K V Viswanathan emphasised the urgent threat posed by climate change and suggested the creation of a permanent commission in India, akin to NITI Aayog, to address this issue comprehensively. He made these remarks at the launch of the book "Climate Change: The Policy, Law and Practice" by lawyer Jatinder Jay Cheema.

Justice Viswanathan highlighted the necessity for a climate change commission that would periodically engage all stakeholders to tackle the problem from multiple perspectives. He noted, "Experts have been writing about it, and Cheema addresses it in his book... the need for the establishment of a climate change commission for our country, a permanent body on the lines of NITI Aayog, so that periodically all stakeholders address this issue and push the frontiers to solve the problem from all angles."

Framework for Climate Legislation

There is an ongoing debate among experts regarding the framework of an umbrella legislation on climate change that India should adopt. Justice Viswanathan mentioned that recent editorials have analysed how developed countries structure their laws to focus solely on regulating carbon emissions. However, he pointed out that such a model might not be suitable for a developing country like India.

He suggested a regulatory model where development continues but carbon emissions are managed from all developments. "What is suggested is a regulatory model where there is development and carbon emissions are tapped from all developments that take place, so we do not compromise on development. And that is the real challenge," he said.

Supreme Court's Role in Environmental Protection

Justice Surya Kant noted that the Supreme Court has often gone beyond existing laws to prevent environmental degradation. He expressed hope that the Indian legislature would address current challenges promptly. "I wish the Indian legislature would, as it has in the past, come forward to address the current challenges and take the necessary legislative measures at the earliest," he stated.

Justice Kant also stressed that constitutional stakeholders must strive to balance environmental protection with industrial growth. This approach aims to tackle climate change while ensuring economic development. He remarked, "This approach will not only address the problem of climate change but also ensure smooth and seamless economic development for the nation."

Global Responsibility and Local Efforts

Justice Kant criticised developed nations for exporting their plastic waste to developing countries instead of addressing their ineffective waste disposal mechanisms. He pointed out that these nations often escape scrutiny while blaming others for climate change issues. "Some developed nations, among the top waste generators in the world, often export their plastic waste to developing countries, conveniently circumventing the need to address their ineffective waste disposal mechanisms," he said.

Despite these challenges, Justice Kant acknowledged that most developing countries, including India, have taken significant steps to prevent ecological damage. He noted that India has performed well in climate change performance index ratings. "Barring a few, most developing countries, including India, have taken several steps to prevent ecological damage and are performing fairly well in the climate change performance index ratings," he added.

India ranked eighth out of 63 countries in the Climate Change Performance Index (CCPI) report published by Environmental NGOs Germanwatch, New Climate Institute, and Climate Action Network in 2023.

The Supreme Court's proactive stance on environmental issues underscores its commitment to safeguarding both human dignity and ecological balance. The call for legislative action reflects an urgent need for comprehensive policies addressing climate change while promoting sustainable development.