Page 353 - Low Carbon Development in China and India
P. 353
India is a federal country with 29 states and seven union territories.
According to the federal system of the country, the responsibilities
and areas of jurisdiction of the centre and the state governments are
delineated through the Union List and the State List, respectively,
elaborated in the Seventh Schedule of the Constitution of India.18 This
demarcation of responsibilities plays an important role in the context
of environment federalism and climate policy in the country. The
Union List consists of 97 subjects over which the national legislator
has exclusive powers, some of which are relevant in the context of
climate change. These include trade representation, United Nations
organizations, agreements and conventions with foreign countries,
atomic power, mineral and oil resources, and control of industries.
Moreover, given the international context of the problem, and the
constitutional proficiency of the union government for international
agreements and treaties, the primary responsibility for climate change
agreements lies with the union government (Jörgensen 2011).
On the other hand, the State List contains 66 subjects, including
public health and sanitation, agriculture, water, fisheries, mines, and
land use—areas which have a direct bearing on natural resources
and climate change. These subjects are under the state government’s
exclusive jurisdiction. In addition, sectors such as selected industries
and transport, which are critical in the context of climate policy
making by virtue of being energy- and emission-intensive in nature,
are also the constituents of the State List. Energy appears in the
Concurrent List involving both levels of government (Jörgensen 2011).
Thus, this clear definition of domains for operation of the central
and state legislators and moreover, the nature of subjects covered
under the State List clearly highlights the potential role and impact
state actors have in designing and executing climate policy for the
region (Mishra et al. 2011). Additionally, the states are responsible
for implementing the policies and programmes framed by the central
government. However, the degree and urgency of the climate change
challenge necessitates enhanced roles for state actors to move beyond
mere ‘executers’ to ‘initiators and innovators’.19 Taking a bottom-up
approach and allowing active participation of states in the process
of climate policy making could transform states into ‘laboratories of
invention’ for technological and regulatory innovation (Kaswan 2007).
18 Seventh Schedule (Article 246) of the Indian Constitution, http://lawmin.nic.
in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(35).pdf.
19 Ibid.
318 Low Carbon Development in China and India
According to the federal system of the country, the responsibilities
and areas of jurisdiction of the centre and the state governments are
delineated through the Union List and the State List, respectively,
elaborated in the Seventh Schedule of the Constitution of India.18 This
demarcation of responsibilities plays an important role in the context
of environment federalism and climate policy in the country. The
Union List consists of 97 subjects over which the national legislator
has exclusive powers, some of which are relevant in the context of
climate change. These include trade representation, United Nations
organizations, agreements and conventions with foreign countries,
atomic power, mineral and oil resources, and control of industries.
Moreover, given the international context of the problem, and the
constitutional proficiency of the union government for international
agreements and treaties, the primary responsibility for climate change
agreements lies with the union government (Jörgensen 2011).
On the other hand, the State List contains 66 subjects, including
public health and sanitation, agriculture, water, fisheries, mines, and
land use—areas which have a direct bearing on natural resources
and climate change. These subjects are under the state government’s
exclusive jurisdiction. In addition, sectors such as selected industries
and transport, which are critical in the context of climate policy
making by virtue of being energy- and emission-intensive in nature,
are also the constituents of the State List. Energy appears in the
Concurrent List involving both levels of government (Jörgensen 2011).
Thus, this clear definition of domains for operation of the central
and state legislators and moreover, the nature of subjects covered
under the State List clearly highlights the potential role and impact
state actors have in designing and executing climate policy for the
region (Mishra et al. 2011). Additionally, the states are responsible
for implementing the policies and programmes framed by the central
government. However, the degree and urgency of the climate change
challenge necessitates enhanced roles for state actors to move beyond
mere ‘executers’ to ‘initiators and innovators’.19 Taking a bottom-up
approach and allowing active participation of states in the process
of climate policy making could transform states into ‘laboratories of
invention’ for technological and regulatory innovation (Kaswan 2007).
18 Seventh Schedule (Article 246) of the Indian Constitution, http://lawmin.nic.
in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(35).pdf.
19 Ibid.
318 Low Carbon Development in China and India
