Supreme Court Judge Calls For Niti Aayog-like Body On Climate Change, Will The Centre Take The Hint?

These statements by the SC judge assume significance since three of the four judges, who attended the launch of a book titled "Climate Change: The Policy, Law and Practice" by lawyer Jatinder (Jay) Cheema, are in line to be Chief Justices, signalling a strong judicial commitment to addressing climate change.

Reports said Justice Viswanathan noted that for a developing country like India, laws just centering on curbing carbon emissions are not enough. 

One of the key takeaways from his speech at the event was the call for a Climate Commission, similar to the NITI Aayog, to address the problem comprehensively.

The Secretariat had earlier underscored the need for an inter-governmental climate change body to address the crisis borne of climate change.

In April this year, the Supreme Court had in the landmark MK Ranjitsinh ruling, recognised the right against climate change as a fundamental right—a step seen as a crucial one by many.

Sankalp Suman, a climate action advocate, said, “This is a very timely statement by the Supreme Court judge, given the recent ruling for recognising the right to be free from the adverse effects of climate change as a fundamental right.” 

Suman noted the judgment in April aligned with global standards as South Africa's constitution guarantees every citizen the right to a healthy environment.

Advocate Jatinder (Jay) Cheema, praising the April 2024 ruling, said, “I think the Hon’ble Chief Justice of India and his fellow judges have given a lifeline to the citizens of India with this judgment.”

While the judgment has set a strong precedence, climate change is posing newer threats to the people of the country. For instance, Health Ministry data shows heatwaves took a big toll on people, claiming 143 lives. Moreover, 2024 was reported to be the hottest year ever.

Is the government doing enough? Experts think not. Suman pointed to the heatwave deaths during the 2024 general elections as evidence of the government's failure to recognise the severity of climate change.

Despite multiple officials being involved in scheduling election dates, the country was still not adequately prepared to conduct polling during heatwaves, as seen in the loss of lives. People, including polling officials, had died due to heatstroke during the general elections. 

With these issues breathing down our necks, a Climate Commission needs to be the way forward. But how can a Climate Change Commission help?

A Climate Commission: What It Could Mean 

India is highly vulnerable to climate change. The Global Climate Risk Index 2021 ranked India as the world's eighth most vulnerable country to climate change impacts in 2019.

These pressing concerns must have been on Justice Viswanathan's mind when he called for a Climate Commission at the event. 

With India's changing climate patterns and the multitude of crises due to climate change, a Climate Commission can bring oversight to address these issues. 

“The government needs to stop looking at climate change under a microcosm like air pollution. It is so much broader than that, it is an intersectional issue, intensifying problems related to livelihoods, health, and human rights, further deepening discrimination based on sex, caste, and religion,” said Suman.

Experts note that a Climate Commission can aid ministries at a central level, as well as states on climate change issues. It can help devise comprehensive strategies for mitigating climate change, both for states and the Centre.

“The government's policy efforts to mitigate climate change are fragmented across various ministries, which hinders effective and unified progress from a climate change lens,” said Amruta SN of Greenpeace. 

“It can be a body that keeps oversight of these aspects and has a top-down approach, tracing sectoral issues to local issues as well, attending to all aspects,” she added.

Advocate Cheema noted climate change-related issues are not limited to the physical boundaries of a country. “They have a cross-border impact on national security and manifest geopolitical disposition,” he added.

He said, “There needs to be an exhaustive way for such issues to be addressed cohesively; that's where a Climate Commission can come in.”

“A Climate Commission can perhaps mirror the working model of NITI Aayog and assist and advise states and the Centre on climate change,” he added.

Some also suggest India needs to diversify its approach to redress the climate crisis. The Climate Commission can assist in this diversification.

Experts stress that addressing climate change needs focus on three areas: mitigation, adaptation, and resilience building. India has progressed in mitigation and establishing a Climate Commission could bridge the vast gap in adaptation and resilience capacity.

However, there are things to be mindful of while going forward. Advocate Cheema said, “For these issues to work out at scale, not only a body such as a Climate Commission is required but also a separate budgetary allocation is needed for effective execution and implementation of any climate conscious plan of the Government.”

Greenpeace's Amruta drew attention to the idea of a national loss and damage fund, particularly for climate change.

“Mitigation can't simply be a token effort for battling climate change. We need to equally prioritise building adaptation and resilience capacity and initiating a loss and damage fund to tackle adverse impacts of climate change,” she added.

In the Asia-Pacific region, the Philippines has undertaken a similar initiative, which could be studied by India. 

Climate Commission: Will The Government Consider It?

India’s aim to reach Net Zero by 2070 is a step on the right track. However, the country can benefit greatly from a Climate Commission in turning the goal into a reality. 

The government should take note of the Supreme Court's position on the urgent threat posed by climate change.

Branches of the government need to work more efficiently together to combat climate change, and state and Central governments should collaborate to prioritise people's needs accordingly.

In the absence of such collaboration, the National Green Tribunal (NGT), responsible for adjudicating issues of climate change and the environment, will continue to be overburdened. 

Relying on the NGT may also deepen the problem of achieving climate justice due to its limited jurisdiction. 

“The way by which India can tackle and emerge from the looming threat of climate change can only be possible if the legislature, executive, and judiciary step in with necessary interventions at the relevant time to address issues of climate change,” said Advocate Cheema.

Will the NDA government, which is keen on Net Zero and other promises, pick up on the cue and move to set up a Climate Change Commission?