The Impact of Global Climate Change Agreements on Indian Environmental Statutes

Abstract

This paper presents an overview of International Climate Change Treaties and their Development in the context of the Environment Laws of India, and how the international treaties have been adopted as templates for the formulation of legislations and policies against global climate change. It encompasses a series of foundational agreements, right from the Stockholm Conference in 1972 to Rio Earth Summit. Then it further elaborates on the subsequent major treaties, such as the Kyoto Protocol and Paris Agreement. Article 253 of the Constitution of India is elaborated upon the way this article empowers Parliament with law-making authority for the purpose of implementing international agreements. It critically analyzes the principal Indian environment legislations: Environment Protection Act 1986, and examines the contribution such legislative measures made toward fulfilling the climate goals of India. The paper also discusses the National Action Plan on Climate Change, with a wide array of climate change mitigation measures, including the promotion of renewable energy, reduction of emissions among other measures. It also looks through cases to establish the proof that Indian courts have been supporting international climate obligation. It also explain the developing judicial law on protection of the environment. The paper indeed does admit facts wherein India is making headway on certain counts such as, say, the development of renewable energy and reduction in carbon emissions, yet again throws open lapses in the areas of implementation specifically with respect to domestic law vis-à-vis climate
change mitigation. The paper concludes with future recommendations for legislation reforms on carbon pricing, controls on emissions, and policies encouraging electric vehicles and green building standards in the country towards realizing obligations under the Paris Agreement towards a low-carbon economy.