The limits of opportunism: the uneven emergence of climate institutions in India

Introduction

India’s centrality to global mitigation efforts makes it an important point of inquiry in studies of climate governance. However, we understand little of how climate change has been institutionalized in India’s decision-making processes. We capture the emergence and decline of climate institutions over three decades, showing how political conditions have shaped institutional form. The politics of opportunism has animated institutional development. It resolves the tension between India’s global leadership ambitions and a deeply entrenched, equity focused narrative frame that rejects incurring large mitigation costs. Climate institutions have therefore been layered upon existing bodies and processes to create room for the organic, bottom-up growth of policies that meet development objectives while promoting mitigation. While this structure limits polarization around climate action, it also inhibits strategic intent, particularly because strong cross-governmental institutions have been unable to take root.

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Net-zero emission targets are a hollow pledge

Introduction

India needs a path that shows how a focus on opportunities for low-carbon development is more likely, in practice, to deliver emissions reductions than abstract future 2050 pledges

Give young environmentalists a voice

Introduction

India has always argued that climate is linked to development choices, livelihoods and equity. Don’t ask activists to narrow down their concerns

Climate Litigation in India

Summary

India is one of the countries most vulnerable to the impacts of climate change. It is also one of the highest greenhouse gas (GHG) emitters in the world, although its per capita GHG emissions are very low. An active participant in international climate negotiations, India’s Nationally Determined Contribution (NDC) is considered 2 °C compatible, and its current policy framework is likely to support two of the three targets set out in its NDC.

While the success of the policy framework will be determined by various social, environmental, economic and political factors, it will also depend on the ability of individuals to hold public and private actors accountable for their actions (and inactions), which aggravate the causes and impacts of climate change.

A review of the legal and regulatory landscape in India reveals that the main environment and energy related laws, policies and regulatory processes offer several hooks to bring climate claims to courts. While there have been cases where courts have referred to climate concerns, there is yet to be a judicial decision on the justiciability of climate claims, or one that directs measures specifically for mitigation or adaptation. The jurisdiction of the Supreme Court of India and the High Courts as well as that of the National Green Tribunal is quite broad, and they could potentially decide various types of climate claims. However, one should not be overly optimistic as Indian courts often refrain from interfering in government decisions and policies on infrastructure development and Indian courts are notorious for their overflowing dockets and massive judicial delays.

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Climate laws help reduce emissions

Introduction

Over the last two decades, many countries have passed laws addressing climate change and related areas. Research now shows that these laws make a difference to emission outcomes, but the pathways of impact require further research.

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