Pursuant to Article 119 of the Constitution, the Minister for Finance of the Government of Nepal shall lay before the joint sitting of both Houses of the Federal Parliament an annual estimate setting out, inter alia, an estimate of national revenue and the money required to meet the charges on the Federal Consolidated Fund. Following the coronavirus pandemic and the subsequent lockdown however, Budget Draft for the fiscal year 2021/22 was passed through an Ordinance. The petitioners in this case argued that adoption of the national budget through Ordinance was largely unconstitutional and more minutely, took contention with point no. 199 of the Draft which held that stone, gravel, and sand was to be exported to reduce the country’s trade deficit following an Environmental Impact Assessment (EIA) report. 

The petitioners claimed that excavation of stone, gravel, and sand would reduce the fertile plains of the Terai and Madhesh to barren land. The major geomorphic process in Churia coupled with weak geology, heavy rainfall and tropical weathering also means that region already experiences rapid fluvial erosion. Consequently, if excavation were to go ahead, entire villages would face increased vulnerability to floods and agricultural practices indigenous to the Terai region would be lost. The petitioners argued therefore, that allowing excavation along the Chure Range would be a flagrant violation of Article 30 of the Constitution which stipulates that every citizen has the right to a clean and healthy environment. The petitioners specifically made their claim based on Chure’s increased vulnerability to climate change.

The Constitutional Bench of the Supreme Court, in this case, sided with the petitioners and held that excavation of stone, gravel and sand would be tantamount to “ecocide” and against the norm of environmental justice and inter-generational equity. The Court also acknowledged that although the State exercises permanent sovereignty over natural resources as a constituent right of self-determination, precedent set by the Court prompts that the precautionary principle be applied. The Court iterates that environmental complexity is increasing in Nepal due to climate change and urges the government to be mindful towards the life of and within the Chure and not view it solely from an economic lens. The Court also referenced that as party to several international environmental treaties, the State has a positive obligation to preserve wetlands, protect biodiversity, and curb the illegal trade of endangered species. It also referenced the UN Human Rights Council resolution 48/13 acknowledging the right to a healthy environment as a fundamental human right. In keeping with this, an interim order from the Court stopped the draft budget from going through and the Court also halted the planned excavation of the Chure range with an order of Certiorari.

Shailendra Prasad Ambedkar v. Office of Prime Minister et. al.

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Shailendra Prasad Ambedkar v. Office of Prime Minister et. al. - decision

Filed

Pursuant to Article 119 of the Constitution, the Minister for Finance of the Government of Nepal shall lay before the joint sitting of both Houses of the Federal Parliament an annual estimate setting out, inter alia, an estimate of national revenue and the money required to meet the charges on the Federal Consolidated Fund. Following the coronavirus pandemic and the subsequent lockdown however, Budget Draft for the fiscal year 2021/22 was passed through an Ordinance. The petitioners in this case argued that adoption of the national budget through Ordinance was largely unconstitutional and more minutely, took contention with point no. 199 of the Draft which held that stone, gravel, and sand was to be exported to reduce the country’s trade deficit following an Environmental Impact Assessment (EIA) report. 

The petitioners claimed that excavation of stone, gravel, and sand would reduce the fertile plains of the Terai and Madhesh to barren land. The major geomorphic process in Churia coupled with weak geology, heavy rainfall and tropical weathering also means that region already experiences rapid fluvial erosion. Consequently, if excavation were to go ahead, entire villages would face increased vulnerability to floods and agricultural practices indigenous to the Terai region would be lost. The petitioners argued therefore, that allowing excavation along the Chure Range would be a flagrant violation of Article 30 of the Constitution which stipulates that every citizen has the right to a clean and healthy environment. The petitioners specifically made their claim based on Chure’s increased vulnerability to climate change.

The Constitutional Bench of the Supreme Court, in this case, sided with the petitioners and held that excavation of stone, gravel and sand would be tantamount to “ecocide” and against the norm of environmental justice and inter-generational equity. The Court also acknowledged that although the State exercises permanent sovereignty over natural resources as a constituent right of self-determination, precedent set by the Court prompts that the precautionary principle be applied. The Court iterates that environmental complexity is increasing in Nepal due to climate change and urges the government to be mindful towards the life of and within the Chure and not view it solely from an economic lens. The Court also referenced that as party to several international environmental treaties, the State has a positive obligation to preserve wetlands, protect biodiversity, and curb the illegal trade of endangered species. It also referenced the UN Human Rights Council resolution 48/13 acknowledging the right to a healthy environment as a fundamental human right. In keeping with this, an interim order from the Court stopped the draft budget from going through and the Court also halted the planned excavation of the Chure range with an order of Certiorari. 

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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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Agriculture mitigation refers to practices used to mitigate greenhouse gas emissions at every level of the agrifood systems, from production to consumption.

Actions to reduce emissions in energy generation and supply.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

People with different national or cultural traditions from the dominant population

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

woman and genders outside of the gender binary

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector involves activities to move goods and people, alongside the storage of products.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Activities that relate to the production of goods and services from forests.

This sector involves the distribution, treatment, and conservation of water resources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Shailendra Prasad Ambedkar v. Office of Prime Minister et. al. - decision

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience

Finance