Lavanya Rajamani, Professor of International Environmental Law, Faculty of Law, University of Oxford, and Visiting Professor, Centre for Policy Research
Shyam Divan, Senior Advocate, Supreme Court of India
Sudhir Krishnaswamy, Vice-Chancellor, National Law School of India University, Bengaluru
Navroz K. Dubash, Professor, Centre for Policy Research
The recent IPCC report has underlined the need for legislation that addresses the threat of climate change directly and comprehensively. At present, India has but a patchwork of laws and institutions that bear marginally on the issue. Given India’s low per-capita emissions, high global GHG contribution, and extreme vulnerability to climate-events, a new climate law must perform a delicate dance between development, mitigation, and adaptation. It will require a methodical approach where the comparative advantage of broad conceptual questions is weighed to determine what kind of legislative intervention would work best for India before hashing out any particulars.
In this webinar, we will aim to discuss three broad questions of principle that ought to form the foundations of climate legislation in India. (1) Should we pass a framework climate law that acts as an overarching basis for climate policy in India or trigger a series of upgrades to existing laws (EPA, Air Act, etc.) to make their jurisdiction over climate explicit? (2) Should an Indian climate law guarantee a ‘right to climate’ or aim to maximise utility/low-carbon development? (3) Should the law articulate an ‘outcome duty’ to place a cap on GHG emissions or design ‘procedural duties’ to mainstream the climate issue in all levels of governance?