Q1. ‘Carbon credits are one of the tools to fight climate change while ensuring Common But Differentiated Responsibilities.’ In light of the above statement, explain Green Credit Programme and its significance. Critically evaluate such mechanisms setup under the UNFCCC. (15 marks, 250 words)
Topic- Carbon Credit:
Introduction:
According to the India State of Forests Report 2021, only 21.71% of India’s landmass in covered with forests against the prescribed 33% under the National Forest Policy. As such, Green Credit Programme and mechanisms like carbon credit and clean development mechanism under UNFCCC can give a fillip to increasing forest cover to 33% of the total land area.
Body :
- Green Credit Programme
- Significance of Green Credit Programme
- Merits of the carbon credit and clean development mechanisms
- Criticisms against mechanism
Conclusion :
Carbon credits are one of the tools to fight climate change while ensuring Common But Differentiated Responsibilities. Climate Justice would become hollow without these mechanisms. They need constant updation to make them more relevant to the extant scenario.
UPSC Syllabus Carbon Credit:
Why was this question asked?
- Should the pursuit of carbon credits and clean development mechanisms setup under UNFCCC be maintained even though there has been a massive slide in the value of carbon credits? Discuss with respect to India’s energy needs for economic growth. (UPSC CSE 2014)
Introduction
According to the India State of Forests Report 2021, only 21.71% of India’s landmass in covered with forests against the prescribed 33% under the National Forest Policy. As such, Green Credit Programme and mechanisms like carbon credit and clean development mechanism under UNFCCC can give a fillip to increasing forest cover to 33% of the total land area.
Body Status :
Green Credit Programme:
- It was announced by the Environment Ministry in October 2023.
- It is a market based mechanism to improve the pace of restoration projects.
- Both individuals and companies can claim incentives called ‘green credits’ for contributions to environmental and ecological restoration.
Significance of Green Credit Programme:
- Green Credit Registry: A user friendly digital platform is being developed by The Indian Council of Forestry Research and Education to facilitate the buying and selling of green credits.
- Monitoring: It will facilitate objective monitoring of greening initiatives and aid in data driven decisions.
- Sustainable development: Companies would be able to fulfil their Environmental-Social-Governance obligations thereby resulting in long term sustenance of the business.
- Voluntary: It is voluntary in nature with inherent flexibility that eases scaling up of their greening initiatives even for budding companies like startups and MSME’s.
Merits of the carbon credit and clean development mechanisms:
- Bullish forecast: Barclays report states that the carbon credit market is expected to reach USD 250 billion by 2030.
- Alignment: Carbon credit and clean development mechanism aligns with other initiatives like Carbon Action Initiative which uses investor pressure to nudge companies towards carbon neutrality.
- Nationally Determined Contributions: It will aid India’s Nationally Determined Contributions to UNFCCC to reduce emission intensity of its GDP to 45% by 2030 from 2005 levels.
- Global South: Global South which has low coping capacity in terms of funds and technology despite its low contribution to historical emissions stands to benefit from such mechanisms.
Criticisms against mechanism:
- Subjective: There is no objective accounting tool to measure the progress under these mechanisms. Every country is following parallel paths regarding the accounting method to be followed under these mechanisms.
- Uncertain: The carbon credit futures in the US market have fallen 90% from their peak. Effectiveness of carbon offsets have come under frequent scrutiny.
- Greenwashing: Companies find these mechanism as an alibi to continue investing in high emission industries like oil rigs and coal extraction.
- Biodiversity: Compensatory Afforestation may result in the booming of monocultures thereby affecting the ecosystem integrity which has been one of the reasons behind Colony Collapse Disorder amongst bees.
Conclusion
Carbon credits are one of the tools to fight climate change while ensuring Common But Differentiated Responsibilities. Climate Justice would become hollow without these mechanisms. They need constant updation to make them more relevant to the extant scenario.
Briefly explain the evolution of the basic structure of the Constitution with relevant case laws. What are some of the basic features enumerated by the judiciary from time to time? Critically evaluate the basic features doctrine with the recent allegations of judicial overreach. (15 marks, 250 words)
Topic- Basic Structure of the Constitution:
Introduction
Basic structure was recently in news. It is a judicially innovated doctrine which says that there are certain features of the Constitution without which its very edifice would be compromised. The judiciary in the Keshavananda Bharati Case (1973) explicitly mentioned the term ‘basic features’ without elaborating as to what constitutes such features.
Body
- Evolution of basic structure doctrine
- Basic features enumerated by the judiciary from time to time
- Significance of the basic structure doctrine
- Criticisms against the doctrine
Conclusion
Basic feature doctrine acts as an effective check against the majoritarianism. India is an indirect representative democracy. It is not a direct democracy like ancient Greek. Absolutist tendencies of those in power needs effective checks and balances. Basic structure is therefore the answer to such tendencies.
UPSC Syllabus Basic Structure of the Constitution:
Why was this question asked?
Q. “Parliament’s power to amend the Constitution is a limited power and it cannot be enlarged into absolute power.” In the light of this statement explain whether Parliament under Article 368 of the Constitution can destroy the Basic Structure of the Constitution by expanding its amending power? (UPSC CSE 2019)
Introduction:
Basic structure was recently in news. It is a judicially innovated doctrine which says that there are certain features of the Constitution without which its very edifice would be compromised. The judiciary in the Keshavananda Bharati Case (1973) explicitly mentioned the term ‘basic features’ without elaborating as to what constitutes such features.
Body
Evolution of basic structure doctrine
- Shankari Prasad Case (1951): The judiciary remarked that the term ‘law’ under Article 13 includes only ordinary laws. Thus Constitutional Amendment Acts won’t come under the scrutiny of violation of the fundamental rights under article 13.
- Golaknath Case (1967): The judiciary opined that the term ‘law’ under Article 13 also includes Constitutional Amendment Acts. Therefore, the Parliament cannot take away or abridge any of the fundamental rights.
- 24th Constitutional Amendment Act (1971): The Parliament passed an amendment that it can amend any part of the Constitution and it shall not be judicially reviewed effectively reversing the judgement in the Golaknath Case (1967).
- Keshavananda Bharati Case (1973): The Supreme Court by a 7:6 majority opined that the Parliament can amend any part of the Constitution except its basic features. The judiciary didn’t define basic feature leaving it to judicial interpretation.
- Waman Rao Case (1981): The judiciary opined that the doctrine would apply to all Constitutional Amendments enacted after 24th April, 1973 – the date of the Keshavananda Bharati Judgement.
Basic features enumerated by the judiciary from time to time:
- Judicial Review- Judicial review is an essential feature that helps the Constitution function properly.
- Federal character- Power is shared in Indian polity between Centre and State.
- Secularism- In India, there is not state religion. State treats all religion same.
- Rule of Law- The rule of law, also known as equality before the law, means that all people are equally protected by the law and must be treated equally, regardless of their status, race, gender, color, ethnicity, religion, disability, or other characteristics.
- Welfare State- A welfare state is a form of government that protects and promotes the economic and social well-being of its citizens.
- Writ jurisdiction of the Supreme Court and High Courts
Significance of the basic structure doctrine:
- Rule of law instead of rule of men: It prevents tyranny of the majority as often the majority party in the Parliament may pass arbitrary laws favoring its party position. The Supreme Court in the Maneka Gandhi Case (1978) remarked that personal liberty was affected when the Government impounded the passport of Shrimati Maneka Gandhi through an order.
- Secularism: Safeguards social fabric thereby promoting tolerance in the society. In the S.R. Bommai Case (1994), the judiciary opined that ‘secularism’ is a basic feature of the Constitution.
- Constitutionalism: Promotes the concept of limited government i.e. a government limited by the Constitutional provisions and Constitutional morality.
- Maintains supremacy of the Constitution: Constitution is regarded as supreme thereby the people who gave the Constitution to themselves.
- Transfer of power: Peaceful transfer of power is an indirect effect of the judiciary retaining the upper hand through the subjective basic structure doctrine.
Criticisms against the doctrine:
- Subjective: The doctrine smacks of judicial arbitrariness as it can classify anything as basic structure and affect the parliamentary merit.
- Balance of Powers: Against the notion of balance of powers given by Montesquieu as the Judiciary can encroach upon legislative domain thereby resulting in judicial overreach.
- Constitutional basis: It is not clear that the Constitution makers had desired of such a doctrine in future. There is no explicit Constitutional basis for the doctrine.
- Undemocratic: The appointed questioning the actions of the elected goes against the basic tenets of representative democracy.
- Precedent: We do not find any such precedents even in the oldest Constitutions of the world like that of the UK and the USA.
Conclusion
Basic feature doctrine acts as an effective check against the majoritarianism. India is an indirect representative democracy. It is not a direct democracy like ancient Greek. Absolutist tendencies of those in power needs effective checks and balances. Basic structure is therefore the answer to such tendencies.