Environment & climate change laws: A literature review

Abstract :

The interaction of environmental protection and climate change regulation represent one of the most pressing challenges of the twenty-first century. As ecosystem faces unprecedented degradation and atmospheric temperature continue to rise , the legal system has emerged as a crucial instrument for ensuring ecological security and sustainability. This study explores the conceptual foundation and contemporary relevance of environmental and climate change laws , analysing their growth from national framework to global cooperative efforts. The paper examine India’s evolving legal responses-such as the Environment(protection)Act, 1986, and the energy Conservation Act,2001-alongside international accords including the Paris agreement and the Kyoto protocol. Through critical analysis , the research identifies key gapes in policy execution, institutional coordination, and citizen awareness that hinder effective enforcement. It argues that an adaptive and multidisciplinary legal approach , integrating  scientific insight and community participation, is vital for addressing the complex realities of climate governance and achieving long-term environment resiling.

Keyword: 

Environmental Legislation; Climate Governance ; Ecological Sustainability; policy implementation; Global Environment Frame work.

INTRODUCTION: 

Environment degradation and climate instability have emerged as define concerns of modern civilization. The acceleration of industrial growth, urban expansion, and resource exploitation has altered natural ecosystem in irreversible ways. Over the last few decades, the global community has come to recognize that environmental protection is not merely a moral duty but a legal and policy imperative. Climate change, once considered a distant threat, now manifests through rising global temperatures, erratic rainfall, melting glaciers, and loss of biodiversity.

Environmental and climate change laws serve as instruments of accountability, compelling states, corporation, and individuals to act responsibility toward the planet. These legal frameworks aim to harmonize economic progress with ecological preservation-an equilibrium that underpins the concept of sustainable development. The laws not only prohibit environmental harm but also promote preventive and restorative measures through mechanisms such as environmental impact assessments, pollution control boards, and renewable energy mandates.

In the Indian context, the legal response to environmental issues has evolved from fragmented statutes to a more comprehensive system rooted in constitution principles and judicial activism. Article 48A and Article 51(g) of the Indian constitution enshrine the duty of both the state and citizens to protect and improve the environment, setting a strong foundation for ecological governance. This paper seeks to analyse how such laws have evolved, their relationship with global legal standers, and the ongoing challenges in enforcement and compliance.

HISTORICAL BACKGROUND : 

 The development of environmental and climate change laws has progressed from traditional practices to mode legal systems. In ancient India, ecological balance was guided by cultural and religious values, as seen in texts like the Atharva Veda and Artha shastra, which emphasized forest and water conservation.

The industrial revolution, however, led to large-scale environment damage, prompting the need for legal control. During the colonial period, acts such as the Indian forest Act of 1927 were introduced mainly to regulate resource use.

A  new phase began after the 1972 Stockholm conference, which inspired India to create dedicated environmental policies and institutions. This led to major laws like the water Act(1974),the Air Act(1981), and the Environment(protection)Act(1986). In later years, international treaties such as the Kyoto protocol(1997) and the Paris Agreement(2015) broadened the global legal framework to address climate change collectively.

KEY LEGAL FRAMEWORK: 

Indian’s environmental and climate change governance rests on a comprehensive legal and constitution foundation designed to protect natural resources and promote sustainable development. Over the decades, several statutes, judicial pronouncement, and institutional mechanisms have collectively sharped the environment legal regime.

1. Constitutional provision: 

The Indian constitution provides a strong basis for environmental  protection .

• Article 48A(Directive principal of state policy) directs the state to protect and improve the natural environment and safeguard forests and wildlife.

• Article51(g) imposes a duty on every citizen to protect and improve the natural environment.

• The judiciary has expanded the right to life under Article 21 to included the right to a clean and healthy environment, strengthening the link between human rights and ecological security.

• Major Environmental Legislations:

India’s key environmental laws evolved mainly after the 1972 Stockum conference, reflecting both domestic needs and international commitment.

• The water(prevention and control pollution)Act,1974: 

focuses on controlling water pollution and establishing pollution control Boards.

• The air(prevention and control of pollution)Act,1981:

Aims to reduce air pollution from industrial and vehicular sources.

• The Environment(protection)Act,1986:

 Enacted after the Bhopal gas tragedy, this umbrella law empowers the central government to take all necessary measures to protect the environment. 

• The forest(conservation)Act,1980:

 Regulates the diversion of forest land for non-forest purpose and emphasizes conservation.

• The wildlife(protection)Act,1971:

 Promotes legal protection to wild animals and plants to prevent extinction.

• The Energy conservation Act,2001:

 Promotes efficient use of energy and encourage renewable energy adoption to multidate climate impacts.

• Judicial Activism and public interest Litigation 

The court, through cases like M.C Mehta v. Union of India, introduction key principles such as “polluter pays” and “precautionary principle”.

• International commitments 

Indian’s legal framework aligns with global environmental norms. It is a signatory to major agreements like.

• The United National Framework Convention on climate change (UNFCCC), 1992

• The Kyoto protocol,1997

• The Paris Agreement, 2015

These treaties have guided India’s climate policies, such as the National Action plan on climate change (NAPCC) and various state-level initiative focuses on renewable energy, afforestation, and emission reduction.

PRINCIPLES AND COCEPTS 

Environment and climate changes laws are guided by key legal principal that ensuring balance between development and ecological protection.

• Sustainable Development : 

This principle promotes growth that meets present needs without compromising the ability of future generation to meets theirs.

• Precautionary principle:

When an activity poses a potential threat to the environment, preventive action should be taken even if there is no complete scientific proof.

• Polluter pays principle: 

Those who cause environment damage are legally responsible for paying the cost of prevention and restoration.

• Intergeneration Equity:

Every generation holds the Earth in trust for the next, ensuring natural resources are used wisely and fairly.

• Public trust Doctrine:

The states is a trustee of natural resources and must protect them for public use rather then private exploitation.

• Public of participation :

Citizens have the responsibility to take part in environmental decision making and awareness activities.

Judiciary and Constitutional Aspects

The Indian Constitution and judiciary play a crucial role in strengthening environmental protection.

• Constitutional Basis:

Environmental protection is supported by Article 48A, which directs the State to protect and improve the environment, and Article 51A(g), which makes it the duty of every citizen to safeguard nature. The right to a healthy environment has also been recognized as part of the right to life under Article 21.

• Judicial Role:

The Indian judiciary has actively interpreted and expanded environmental rights through landmark judgments. In M.C. Mehta v. Union of India, the Supreme Court established the “Polluter Pays” and “Precautionary” principles. In Subhash Kumar v. State of Bihar, it affirmed that the right to clean air and water is part of Article 21.

• Public Interest Litigation (PIL):

PILs have allowed citizens and NGOs to approach the courts for environmental protection, making justice accessible and strengthening environmental governance.

Case Study: M.C. Mehta v. Union of India

One of the most important environmental cases in India is M.C. Mehta v. Union of India (1986), related to the Oleum Gas Leak in Delhi. The Supreme Court held that industries engaged in hazardous activities have an absolute liability to compensate for any harm caused to people or the environment, regardless of fault.

This case established two major legal doctrines — the Polluter Pays Principle and the Precautionary Principle — and marked the beginning of active judicial intervention in environmental governance. The judgment also led to the enforcement of stricter pollution control measures and public awareness of environmental rights under Article 21 of the Constitution.

Issues and Challenges

Despite strong laws and court rulings, several challenges remain in the implementation of environmental and climate change laws:

1. Weak Enforcement:

 Pollution Control Boards often lack manpower, funds, and technical capacity.

• Industrial Pressure: 

Economic growth frequently takes priority over environmental protection.

• Public Awareness: 

Many citizens remain unaware of their environmental rights and duties.

1. Corruption and Delays:

 Legal and administrative corruption slows down justice and policy execution.

1. Climate Change Impact:

 Rising global temperatures, deforestation, and urbanization demand faster and more adaptive legal responses.

Reforms

To strengthen environmental and climate change governance, India needs both legal and institutional reforms.

1. Strengthening Implementation:

Existing laws must be enforced more strictly through better coordination between central, state, and local authorities. Pollution Control Boards should be given more autonomy, staff, and modern technology.

2. Updated Legislation:

Many environmental laws are outdated. They should be revised to include new issues like climate resilience, plastic waste, and renewable energy obligations.

3. Public Participation:

Environmental awareness and community participation must be increased through education, campaigns, and digital platforms to make laws more effective.

4. Judicial and Administrative Reforms:

Establishing more green tribunals and fast-track courts can ensure quicker resolution of environmental disputes.

5. Integration of Climate Policy:

Climate change goals should be integrated into all sectors — energy, transport, agriculture, and industry — to create a unified and sustainable national framework.

Conclusion

Environmental and climate change laws stand at the heart of humanity’s struggle for survival and sustainability. As industrial growth accelerates and natural resources shrink, the law emerges as a vital instrument to restore balance between progress and preservation. India’s constitutional provisions, landmark legislations, and judicial interventions have built a solid foundation for environmental protection. Yet, the effectiveness of these laws depends on their practical enforcement, public participation, and the political will to prioritize ecology over short-term economic gain.

The battle against climate change cannot be won through policies alone  it requires awareness, responsibility, and collective action from every citizen. True progress lies not only in development but in ensuring that such development does not destroy the very planet that sustains us. A future built on sustainable principles, backed by strong legal frameworks and global cooperation, is the only path toward ecological harmony and intergenerational justice.