Plea Seeking Measures To Mitigate Climate Change : Supreme Court Appoints Amici Curiae To Examine Laws Regulating Carbon Emissions

Recognizing the importance of the issue of carbon emissions and their impact on the environment, the Supreme Court recently appointed Advocates Jay Cheema and Sudhir Mishra as Amici Curiae to examine the existing legal framework governing emissions.

A bench of Justice Pamidighantam Sri Narasimha and Justice Manoj Misra further directed Senior Advocate Swarupama Chaturvedi for the Union of India to submit a compilation of all relevant rules and regulations related to carbon emissions.

“The issue arising for consideration is of some importance as it relates to Carbon Emissions affecting the environment which require examination of the legal regime regulating such Carbon Emissions”, the Court observed.

The case stems from an appeal filed by 11-year-old Ridhima Pandey, highlighting the failure of the Government of India to adequately address climate change through effective and science-based measures. The Court kept the case for hearing on December 17, 2024.

“It is submitted that Climate Change is the most significant environmental issue faced by the global community, and India is one of the most vulnerable countries to adverse impacts of climate change and is in fact already witnessing such impacts in the form of glacier melting in the Himalayas, rising sea levels and extreme weather adverse events witnessed across the country”, the petition states.

The petition was originally filed in 2017 before the National Green Tribunal (NGT). The petitioner filed the present appeal in the Supreme Court after the NGT dismissed it in 2019.

The plea highlights various adverse impacts of climate change in India, such as glacier melting in the Himalayas, rising sea levels, loss of mangrove areas, increased climate refugees, extreme rainfall events, and ocean acidification

The plea raises serious concerns about the lack of integration of climate commitments—such as those under the Paris Agreement—into domestic policies. It emphasizes that government decisions often neglect climate impact assessments, particularly in approving carbon-intensive projects.

The plea argues for the establishment of a “carbon budget” till 2050 to limit emissions and seeks rigorous climate impact assessments as part of environmental and forest clearances of various projects. It also seeks the creation of a time-bound national climate recovery plan to mitigate greenhouse gas emissions.

According to the petition, while India has made international commitments, such as reducing the greenhouse gas intensity of its GDP by 33-35 percent by 2030, its domestic actions, including approving carbon-intensive projects, often contradict these pledges. The petitioner argues that these projects lack adequate climate impact assessments under the Environment Impact Assessment (EIA) framework and fail to consider the broader consequences on carbon emissions and climate change.

The appeal also raises concerns about the lack of enforcement of existing environmental laws, such as the Environment (Protection) Act, 1986, and the Forest (Conservation) Act, 1980. It calls for a detailed assessment of greenhouse gas emissions from approved projects. the development of a “carbon budget” to limit emissions in line with global targets, and the creation of a time-bound climate recovery plan to mitigate emissions and enhance carbon sinks.

The petition further emphasizes that vulnerable populations, especially children, are disproportionately affected by climate change, making the need for government accountability even more urgent.

Appearance

Advocates Rahul Choudhary, Sruthi Kupadakath, Tara Elizabeth Kurien, Srishti Agnihotri (AoR) represented the petitioner.

ASG Vikramjit Banerjee along with Senior Advocate Swarupama Chaturvedi and Advocates Gurmeet Singh Makker (AoR), Nachiketa Joshi, Ayush Anand, Ruchi Kohli represented the Union of India.

Case no. – Civil Appeal No. 388/2021

Case Title – Ridhima Pandey v. Union of India & Anr.