India needs NITI Aayog-like permanent commission to tackle climate change: SC judge

Supreme Court judge Justice K V Viswanathan on Friday, 12 July said climate change is a serious existential threat and called for the establishment of a permanent commission in India, similar to NITI Aayog, to find a comprehensive solution to the problem.

Another SC Judge, Justice Surya Kant, said the apex court has "time and again gone above and beyond the scope of existing laws" to prevent environmental degradation and hoped the Indian legislature would come forward to address the current challenges.

"Climate change is a problem right here and right now. It is, without exaggeration and without creating an alarm, a serious existential threat," Justice Viswanathan said at the launch of a book titled "Climate Change: The Policy, Law and Practice" by lawyer Jatinder (Jay) Cheema.

"There is one other thought. 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," he said.

Justice Viswanathan said there is also a raging debate among experts about the framework of the umbrella legislation on climate change that India should adopt.

"In the last week alone, there have been two editorial pieces in prominent newspapers on the nature of the legislation. There has been an analysis of how certain developed countries structure their laws to focus solely on regulating carbon emissions. But it is felt that for a developing country like India, that model may not be appropriate," he said.

"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," the SC judge said.

Justice Kant stressed that the Supreme Court has often acknowledged the delicate balance that must be maintained between infrastructure development and environmental protection.

He noted that the apex court has "time and again gone above and beyond the scope of existing laws" to prevent environmental degradation.

"Over the last few decades, the right to a dignified life enshrined in Article 21 of the Constitution has also been given a very wide and extensive meaning to prevent environmental degradation, deforestation, and pollution.

"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 said.

Justice Kant said constitutional stakeholders need to strive hard to defend the environment while simultaneously balancing industrial growth.

This approach will not only address the problem of climate change but also ensure smooth and seamless economic development for the nation.

A third Supreme Court judge, Justice Sanjay Karol, said climate change needs to be recognised as an independent branch of law, "distinct from environmental law at large".

"It is the need of the hour for everyone to be made aware of environmental laws, the impact of climate change, and the modern practices that need to be adopted," he said.

Justice Kant also said India and other developing countries "disproportionately bear the brunt of taking the blame for climate change", while the major wrongdoers often escape scrutiny when it comes to sustainable practices.

The Supreme Court judge highlighted that 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.

"Instead, they point fingers at others, aggravating the environmental and economic challenges faced by developing countries," he said.

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, the SC judge added.

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