In a significant legal intervention addressing the complexities of carbon emissions regulation and environmental governance, the Supreme Court has impleaded 6 key ministries in an ongoing adjudication aimed at formulating a more robust regulatory framework.
The division bench comprising Justice PS Narasimha and Justice Manoj Misra deliberated on the lacunae within India’s existing carbon emission policies. Recognizing the necessity for a multidisciplinary approach, the Court earlier appointed amicus curiae Sudhir Mishra and Jay Cheema on December 5, 2024, to conduct a comprehensive assessment of the nation’s emission trajectory and recommend remedial measures.
The case originates from a civil appeal challenging a judgment dated January 15, 2019, issued by the Principal Bench of the National Green Tribunal, New Delhi. The litigation was initiated by a 9-year-old petitioner from Uttarakhand, who articulated grave concerns regarding the exacerbation of climate change due to escalating global temperatures.
Furthermore, she critically examined the procedural inadequacies in the environmental clearance process conducted by India’s Expert Appraisal Committees.
In response, the Supreme Court endorsed the amicus curiae’s proposition to expand the respondent pool to include six critical ministries: the Ministry of Power, the Ministry of Transport Road & Highways, the Ministry of Housing and Urban Affairs, the Ministry of New and Renewable Energy, the Ministry of Textiles, the Ministry of Mines, and the Ministry of Petroleum & Natural Gas.
The Court underscored that the inclusion of these ministries is imperative to ensure a holistic examination of the regulatory deficiencies and policy inefficiencies concerning carbon emissions.
Sudhir Mishra, assisted by Advocate Petal Chandhok, AOR Gaichangpou Gangmei, and Advocate Swasti Misra, emphasized the need for heightened governmental accountability.
He highlighted the regulatory inertia surrounding existing mandates, such as the prescribed maintenance of ambient temperatures at approximately 25 degrees Celsius in commercial and retail establishments. The effective enforcement of such directives, he contended, necessitates active ministerial participation and inter-agency coordination.
Court has provided all stakeholders with a four-week timeframe to submit their responses, following which the matter will be scheduled for subsequent hearings. This judicial directive underscores the urgent necessity for a synchronized and comprehensive policy response to the multifaceted challenges posed by carbon emissions and climate governance in India.
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