ENVIRONMENTAL FEDERALISM CRUCIAL FOR CLIMATE ACTION

THE all-pervasive global dialogue surrounding climate change has spurred nations to develop their national action plans to mitigate the impact.

- AMAR PATNAIK

Two crucial realities need to be recognised within this discourse. First, countries in the Global South encounter disproportionately greater challenges from climate change. Second, India has emerged as a torch-bearer in global climate justice debates, leading the way in formulating national action plans. However, on the domestic front, our quasi-federal climate policy structure harbours internal contradictions, where states shoulder the responsibility of implementing most targets amid constraints posed by limited resources and shrinking space in environmental policymaking.

India's environmental stewardship can be traced from its legislations and judicial journey of embracing environmental constitutionalism. This encompasses both the rights and duties of the state and individuals. Initially, the Constitution did not explicitly address environmental governance.

However, the 42nd constitutional amendment in 1976 altered the jurisdiction over forests and wildlife, transferring them to the Concurrent List. The 73rd amendment assigned panchayats the responsibility for environmental protection and conservation. Subsequent legislations have further solidified this framework. However, a consistent trend across these developments has been a shift towards centralisation in legislative jurisdiction over environmental laws, while mandating greater decentralisation to states in implementation.