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Gaurav Bansal v. Union of India - order

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Filing Year For Action

In 2014, an application was filed by Gaurav Bansal, an environmental activist and lawyer, before the National Green Tribunal (NGT) against the Ministry of Environment and Forests questioning the state governments implementation of the National Action Plan on Climate Change (NAPCC). The NAPCC identifies measures that promote India’s development objectives while also yielding co-benefits for addressing climate change effectively. The plan sets out eight multi-pronged, long-term and integrated core missions that include solar mission, enhanced energy efficiency, sustainable habitat, integrated water resource management, sustaining Himalayan ecosystem, sustainable agriculture and strategic knowledge for climate change. NAPCC mandates the state governments to develop their respective State Action Plans on Climate Change (SAPCC) in order to achieve coherence between the strategies and actions at sub-national level.  SAPCC aim to mainstream climate change concerns in the State planning process.

On July 23, 2015, the NGT in its final order did not directly rule on its jurisdiction over the implementation of NAPCC and specific State climatic violation of consequences. However, it directed the erring State governments to prepare their respective draft plan to be approved by the Ministry of Environment, Forest and Climate Change (part of the Central Government) and have the same approved expeditiously. Further, the tribunal held that in any cases of future specific violations of the NAPCC could be filed, noting that "it [is] difficult to deal with this issue in general form as it is to be a case of a specific State with specific violation and climatic consequences thereof". 

So far, 33 States and Union Territories (UTs) have prepared SAPCC. States and UTs are also encouraged to revise their SAPCC in line with India’s Nationally Determined Contribution under Paris Agreement and emerging new scientific knowledge.

Gaurav Bansal v. Union of India

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives