The Supreme Court of India has raised concerns over the fragmented approach of various ministries dealing with environmental issues, stating that institutional gaps undermine comprehensive climate action and create an accountability deficit. The Court emphasized the necessity of reassessing existing laws such as the Environment Protection Act, 1986, and the Air (Prevention and Control of Pollution) Act, 1981, among others, to incorporate enforceable climate mandates. It noted that regulatory bodies like the Pollution Control Boards often struggle with financial constraints, limiting their effectiveness. These observations were made during a hearing on a Public Interest Litigation (PIL) filed by child activist Ridhima Pandey, addressing carbon emissions and their impact on the environment.
Recognizing the significance of a unified strategy against increasing carbon emissions, the Supreme Court sought responses from key Union Ministries involved in environmental policymaking. Notices were issued to the Ministry of New and Renewable Energy, the Ministry of Power, the Ministry of Urban Development, the Ministry of Road Transport and Highways, the Ministry of Petroleum and Natural Gas, the Ministry of Textiles, the Department of Science and Technology, and the Ministry of Mines. The Court directed that notice be issued to the newly impleaded respondents, and Additional Solicitor General Vikramjit Banerjee took notice on behalf of the newly impleaded respondents.
The Court observed the devastating effects of climate change, stating that climate change has ascended as one of the most existential global predicaments, wielding profound ramifications beyond mere environmental degradation. Escalating temperatures, erratic weather patterns, and extreme climatic events such as floods, droughts, and heatwaves not only imperil ecosystems but also disrupt human life, livelihoods, and socio-economic structures. Economic vulnerabilities, including declining agricultural productivity and increased energy consumption, exacerbate the crisis. The impact is particularly severe in developing nations like India, where millions depend on climate-sensitive sectors.
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India has taken significant steps in climate governance, aligning with international agreements such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement (2015). Key domestic initiatives include the National Action Plan on Climate Change (NAPCC), the National Clean Air Programme, and the State Action Plans on Climate Change (SAPCCs). However, the Court stressed that mere policy declarations are insufficient. It pointed out that existing legal frameworks lack binding enforcement mechanisms, which weakens accountability and implementation.
The Court identified critical institutional weaknesses hampering climate governance, including the limited jurisdiction of regulatory bodies like the Commission for Air Quality Management (CAQM), which is restricted to specific territories, limiting its effectiveness in tackling air pollution nationwide. It also highlighted the lack of inter-ministerial coordination, as ministries overseeing climate-related issues such as Environment, Renewable Energy, Power, and Urban Development often function in isolation, leading to inefficiencies. Additionally, resource and capacity constraints were noted, as regulatory agencies suffer from financial shortages, inadequate staffing, and limited access to real-time environmental data, reducing their operational efficiency.
The Court emphasized the need for convergence of ideas, collaborative governance, and institutional synergy to enhance climate action. It directed the impleaded ministries to actively participate in formulating a cohesive framework for climate governance. Additionally, the Court granted liberty to the Additional Solicitor General to file responses and permitted the petitioner's counsel to submit additional documents.
Background
The petition, originally filed in 2017 before the National Green Tribunal (NGT), was dismissed in 2019, prompting the petitioner to approach the Supreme Court. The plea highlighted major climate-related concerns, including glacier melting in the Himalayas, rising sea levels and loss of mangrove areas, an increase in climate refugees, extreme rainfall events, and ocean acidification. The petition further argued that India’s international climate commitments, including the Paris Agreement, often contradict domestic policies, particularly in approving carbon-intensive projects.
The petitioner sought the establishment of a carbon budget until 2050, ensuring emissions are regulated in line with global climate targets. Key demands included mandatory climate impact assessments for all carbon-intensive projects, integration of climate policies into environmental and forest clearances, and a national climate recovery plan to mitigate greenhouse gas emissions.
The matter is scheduled for its next hearing on March 28, 2025. With climate change being one of the most pressing challenges of the 21st century, the Supreme Court’s intervention underscores the urgent need for legislative and administrative reforms to strengthen India’s climate governance framework.
Case Title: Ridhima Pandey vs Union of India | Civil Appeal No(s). 388/2021
