Delhi High Court directs Union to file status report on meeting Paris Agreement obligations

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A divison bench of the Delhi High Court comprising acting Chief Justice Vipin Sanghi J. And Hon’ble Mr. Naveen Chawla J. has directed the Central government to file a status report on actions taken by the Union government to ensure compliance with the pledges made by India at the 2021 at the United Nations Framework Convention on Climate Change, Glasgow, commonly referred to as “COP-26”.

Appearing for the Union government, Mr. Chetan Sharma, ASG submitted that the Union of India is alive to the problems of environmental pollution and has formed various committees to tackle the issue of climate change, such as the Prime Minister’s Counsel on Climate Change, two executive committees on climate change, etc. all of of which are focused on meeting India’s pledges made by the Indian government at COP-26, in accordance with the Paris Agreement.

The Delhi High Court, while issuing notice on the plea, has directed the Union Government to file a status report, on the committees formed and the progress thereof, within 4 weeks.

The PIL as filed by the petitioner through Advocate Akshay Ravi, prays for the issuance of directions to the Central government, Ministry of Railways and the Ministry of Renewable Energy to form an appropriate committee of experts to review all the current policies and laws, relating to the environment and prepare a roadmap to ensure compliance with the pledges that India made at COP 26.

The Petitioner has argued that these pledges must be implemented by the Indian government as the principle of comity of nations is enshrined in Article 51(c) of the Indian Constitution, under which the Indian government is bound to foster respect for International treaties. Moreover, the Petitioner has also argued multiple judgements to argue that international treaties which are not contrary to domestic laws are also applicable to India, irrespective of whether India is a signatory to such treaties or not.

Case Title: Rohit Madan Vs. Union of India & Ors.