Abstract :

The main objective of the research:

The main objective of this research is to have an in-depth analysis of how the Indian judiciary plays a
crucial role in controlling the climatic changes which are happening at a rapid pace in India due to
the growing economy, the step taken by the court to battle against the global war against climate
change and how to do effective guides and implements the international treaties of which India is a
part of in the field of protecting the world against climate change.
What is a green court tribunal?

Green courts in India refer to the National Green Tribunal (NGT), which was established under the
National Green Tribunal Act, of 2010. The NGT is a specialized environmental court or tribunal that
handles cases related to environmental protection and conservation. It was formed with the
objective of expeditious disposal of cases pertaining to environmental issues and providing effective
remedies for environmental concerns.

The National Green Tribunal Act was enacted by the Indian Parliament in 2010 and came into force
on October 18, 2010. It provides for the establishment of the NGT as a specialized body for the
effective and speedy resolution of environmental disputes and matters related to environmental
laws.

The primary function of the NGT is to hear and dispose of cases related to environmental issues. It
has jurisdiction over matters pertaining to the enforcement of environmental laws, conservation of
natural resources, and prevention and control of pollution, among others. The NGT has the authority
to hear cases involving violations of various environmental laws, such as the Water (Prevention and
Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the
Environment (Protection) Act, 1986, and other related laws.

The NGT has the power to hear cases filed by individuals, organizations, or the central or state
governments concerning environmental matters. It has the authority to pass orders, judgments, and
directions for the implementation of environmental laws and to provide remedies for environmental
damage or pollution. The NGT also has the power to impose penalties and compensation for
environmental violations.
The NGT consists of both judicial and expert members who possess expertise in the field of
environment and related disciplines. It follows a simplified and expedited procedure to ensure quick
resolution of cases and provides an alternative forum for addressing environmental disputes outside
the regular court system.

Overall, the National Green Tribunal (green court) plays a crucial role in safeguarding the
environment, ensuring compliance with environmental laws, and promoting sustainable
development in India

...

Why climate change is so much of a concern?

Climate change refers to long-term alterations in temperature patterns and weather conditions on
Earth. It is primarily caused by human activities, particularly the emission of greenhouse gases (such
as carbon dioxide) into the atmosphere, which trap heat and contribute to the warming of the
planet. Climate change has wide-ranging effects on the environment, ecosystems, and human
societies.

Climate change is a significant concern due to its potential to cause severe and far-reaching impacts.
Here are some reasons why it is a major concern:

Rising global temperatures: The Earth's average temperature has been increasing due to greenhouse
gas emissions, leading to various consequences such as melting glaciers and ice caps, rising sea
levels, and shifts in weather patterns. These changes pose risks to ecosystems, biodiversity, and
human populations.

Extreme weather events: Climate change intensifies the frequency and severity of extreme weather
events like hurricanes, droughts, heatwaves, and heavy rainfall. These events can result in significant
economic losses, damage infrastructure, and endanger lives.

Impact on ecosystems and biodiversity: Climate change disrupts ecosystems by altering temperature
and precipitation patterns. It can lead to habitat loss, shifts in species distribution, and increased
vulnerability to diseases and invasive species. This poses a threat to biodiversity and ecosystem
services.
Water scarcity and food security: Changes in rainfall patterns affect water availability, leading to
droughts and water scarcity in many regions. These conditions impact agriculture, food production,
and livelihoods, potentially exacerbating food insecurity and socio-economic disparities.

Health risks: Climate change affects human health through increased heat-related illnesses, the
spread of infectious diseases, worsened air quality, and inadequate access to clean water and
sanitation. Vulnerable populations, including the poor, children, and the elderly, are particularly at
risk.

India is highly vulnerable to the impacts of climate change due to its geographical location,
population density, and dependence on climate-sensitive sectors such as agriculture and water
resources. Here are some ways in which India is affected by climate change:

Agriculture: Changing rainfall patterns and increased temperatures pose risks to India's agricultural
productivity. Erratic monsoons, droughts, and heatwaves can lead to crop failures, affecting food
production and rural livelihoods.

Water resources: Melting glaciers in the Himalayas, which act as a vital water source, pose
challenges to water availability in rivers and groundwater replenishment. This affects irrigation,
drinking water supplies, and hydropower generation.

Coastal vulnerability: Rising sea levels threaten India's extensive coastline, exposing coastal
communities to increased risks of flooding, erosion, and salinization of freshwater sources. Low-lying
areas, including major cities like Mumbai and Kolkata, are particularly vulnerable.

Biodiversity and ecosystems: Climate change impacts India's diverse ecosystems, including forests,
wetlands, and coastal habitats. Changes in temperature and rainfall patterns disrupt species
composition, migration patterns, and ecological processes.

India, as a responsible member of the international community, acknowledges its role in climate
change and actively participates in global efforts to mitigate its effects. While India is among the top
greenhouse gas emitters, it is important to consider the country's population size and development
challenges. India's emissions are primarily driven by its pursuit of economic growth, poverty
alleviation, and development needs.

India has taken several initiatives to address climate change, including the adoption of the Paris
Agreement, which aims to limit global temperature rise to well below 2 degrees Celsius. India has set
ambitious targets for renewable energy capacity, implemented energy efficiency measures, and
launched programs to promote sustainable agriculture and afforestation. The country is also
investing in climate resilience measures, such as water conservation, disaster management, and
climate adaptation strategies.

However, it is crucial for all countries, including major emitters, to collectively reduce greenhouse
gas emissions and support vulnerable nations in adapting to climate

Can Indian judiciary play a crucial role in climate change in India?

Yes, the Indian judiciary can play a significant role in addressing climate change in India. The judiciary
has the power to interpret and enforce existing environmental laws and can also provide legal
remedies for individuals or groups affected by climate change. Here's how the Indian judiciary can
contribute:

1. Interpretation of existing laws: The judiciary can interpret environmental laws and policies in
a manner that promotes climate action and sustainability. This includes interpreting
constitutional provisions, statutory laws, and international agreements to ensure their
effective implementation and enforcement.
2. Judicial activism: The judiciary has the power to take proactive measures in environmental
matters, including climate change. It can issue directives, guidelines, and judgments that
advance environmental protection and conservation. Judicial activism can drive policy
changes, influence government action, and prioritize climate change mitigation and
adaptation efforts.
3. Environmental impact assessment: The judiciary can review and assess environmental
impact assessments (EIAs) for major development projects. This includes ensuring that EIAs
consider climate change impacts, assess greenhouse gas emissions, and propose mitigation
and adaptation measures.
4. Enforcement and compliance: The judiciary plays a crucial role in enforcing environmental
laws and regulations related to climate change. It can take action against polluters, violators
of environmental norms, and those contributing to greenhouse gas emissions. This includes
imposing penalties, directing remedial measures, and monitoring compliance.
5. Public interest litigation: The Indian judiciary has recognized the importance of public
interest litigation (PIL) in environmental matters. Individuals and organizations can approach
the courts through PILs to seek remedies for environmental harms, including those related
to climate change. PILs can raise awareness, bring issues to the forefront, and drive policy
changes.
6. Judicial review: The judiciary can review governmental policies, actions, and decisions
related to climate change. It can scrutinize the adequacy and effectiveness of climate change
mitigation and adaptation strategies, holding the government accountable for its
commitments and obligations.
7. International agreements and obligations: The judiciary can ensure compliance with
international agreements and obligations related to climate change. It can interpret and
enforce commitments made by India under international treaties such as the Paris
Agreement and hold the government accountable for meeting its climate goals.
8. Awareness and education: The judiciary can contribute to raising awareness about climate
change and its impacts through its judgments, public statements, and educational programs.
This can help in building public support and understanding of the need for climate action.
9. Precautionary principle and sustainable development: The judiciary can invoke the
precautionary principle in environmental matters, including climate change. This principle
suggests that in the absence of scientific certainty, preventive measures should be taken to
avoid potential harm. The judiciary can interpret and apply the precautionary principle to
guide decision-making and ensure sustainable development practices that minimize adverse
environmental impacts.

10. Compensation and liability: The judiciary can determine compensation and liability for
environmental damage caused by climate change. This includes holding individuals,
industries, or government entities responsible for their contributions to greenhouse gas
emissions or failure to take adequate measures to mitigate climate change impacts. Such
decisions can provide financial resources for remedial actions and incentivize responsible
behavior.

11. Public awareness and engagement: The judiciary has the potential to raise public awareness
and engage citizens in climate change issues through its judgments and court proceedings.
This can include publishing judgments, organizing public hearings, and encouraging
participation of experts and civil society organizations in environmental cases. By increasing
public understanding and involvement, the judiciary can foster a sense of responsibility and
accountability towards addressing climate change.

12. Expert committees and technical assistance: The judiciary can establish expert committees
or seek technical assistance to better understand complex scientific aspects of climate
change. These committees can provide scientific evidence, guidance, and recommendations
to assist the judiciary in making informed decisions. Collaboration with scientific and
environmental experts can strengthen the judiciary's capacity to address climate change
effectively.

13. Review of government policies and actions: The judiciary can review and scrutinize
government policies, projects, and actions related to climate change. It can ensure that
policies align with climate objectives, are based on scientific evidence, and adhere to legal
requirements. This judicial oversight can prevent greenwashing, ensure transparency, and
promote accountability in climate governance.

14. Environmental rights and intergenerational equity: The judiciary can uphold the rights of
individuals and communities to a healthy environment and intergenerational equity. It can
recognize the right to a clean and sustainable environment as a fundamental right and
protect the interests of future generations. This perspective can guide the judiciary's
approach to climate change-related cases, emphasizing the need for long-term sustainable
solutions.
15. Judicial training and capacity building: The judiciary can invest in training programs and
capacity-building initiatives for judges and judicial staff on environmental law and climate
change. This can enhance their understanding of climate science, legal principles, and
precedents related to climate change. Improved judicial expertise in environmental matters
can lead to more informed and effective decisions and judgments.

16. Collaboration with other stakeholders: The judiciary can collaborate with other stakeholders,
such as government agencies, civil society organizations, and academia, to address climate
change holistically. Engaging in multi-stakeholder dialogues, partnerships, and knowledge-
sharing initiatives can facilitate a coordinated and integrated approach toward climate
action.