Government moved the Supreme Court seeking a review of its 9-judge, July 25 judgment, that allowed states to charge royalty on the extraction of minerals from their land and tax the lands that were mined. The Centre also sought review of the verdict that allowed states to collect tax arrears from April 1, 2005, onwards, The Indian Express and other media houses reported.
The majority verdict, delivered by Chief Justice of India D Y Chandrachud, overruled the 1989 7-judge decision in India Cement Ltd vs Tamil Nadu, which said royalty is tax that states cannot levy as it was covered under Union List of the Constitution.
Centre also opposed the court’s interpretation that the expression “land” as defied in State List includes lands of every description, including mineral-bearing land, and said if such an interpretation “is adopted, the entire constitutional federal regime on minerals would collapse”. The Centre contended that “Entry 49 List II…deals only with the surface of the land on which a building can be constructed and not anything below the surface” the Centre said that “many industries, especially those critical to the infrastructure sector (such as power, steel, cement, aluminium etc.) are heavily dependent on minerals, e.g. coal, iron ore, bauxite, limestone etc. Industrial growth across states is therefore dependent on mineral resources available only in a few of the states”.
It added that any collection by the respective state governments in the name of tax on mineral-bearing land would create havoc in the country’s fiscal sector. “It will impact economic integration of the country and also encourage state governments to levy taxes on minerals-bearing land measuring on the value of minerals produced. It is to say that the respective state governments would levy high/variable taxes thereby leading to non-operation of mines.”
No breakthrough at climate finance talks 2 months ahead of COP29
Negotiations on finance to help developing countries tackle climate change concluded without a breakthrough two months ahead of the COP29 to be hosted by Azerbaijan. The four-day talks ended while NGOs accused richer nations of blocking efforts to reach a deal.
Climate Home News explained that critical aspects of the new collective quantified goal (NCQG) for climate finance were left undefined, including who should pay – the so-called “contributor base” – and how much money they will mobilise – known as the “quantum”.
The outlet reported that on behalf of the G77 group of developing countries, India said that developed nations must provide “affordable, accessible and adequate” climate finance to avoid repeating the problems of the $100-billion goal, which was met two years late and mostly delivered in the form of loans.
“Instead we’re being asked to change the policy environment, divert our domestic resources away from the goal and even contribute to the goal,” the climate news portal quoted the Indian negotiator. The G77 group advocated for the inclusion of loss and damage finance in the NCQG – as the previous $100-billion goal covered only adaptation and mitigation – as well as pressing for funding to be delivered through “public finance in a grants-based or concessional manner”, the report said. India had also said there should be no “digression” from the goal of providing climate finance to developing countries, reported the HT.
The November 11-22 talks in Baku are meant to produce a global agreement on how much wealthy nations should pay to help developing countries transition. Rich countries are under pressure to contribute well beyond the $100 billion a year they committed to provide until 2025. Developing countries said $1 trillion is required annually.
The United States and the European Union said the pool of contributors should be widened to include Gulf states and China. Gulf states and China rejected their demands.
South Korea top court calls country’s non-binding climate targets unconstitutional
The South Korean Constitutional Court said that the government’s climate targets are unconstitutional because they do not safeguard the rights of future generations. This order represented a significant step forward in recognising the need for more robust climate protection measures.
The court found that the lack of legally binding targets for reductions beyond 2031 violated the constitutional rights of future generations and failed to uphold the government’s duty to protect those rights. The Constitutional Court unanimously ruled that Article 8, Paragraph 1 of the ‘Framework Act on Carbon Neutrality and Green Growth’ is not in conformity with the constitution and ordered the national assembly to amend the law by February 28, 2026.
The court also mandated the creation of emission reduction plans for the period from 2031-49 and instructed the government to amend the carbon neutrality law to incorporate these plans.
COP29 Presidency launches climate transparency platform to back developing countries
The COP29 Presidency launched the Baku Global Climate Transparency Platform (BTP) to build trust among Parties, support developing countries in preparing Biennial Transparency Reports (BTRs), and encourage universal participation in the Enhanced Transparency Framework (ETF).
The BTP, created in collaboration with the UNFCCC, to provide support in the preparation and submission of BTRs by developing countries, as the Parties implement the Enhanced Transparency Framework (ETF).
The COP29 Presidency launched the BTP to support the capacity-building efforts of developing country Parties in preparing and finalising their BTRs, so the global community can better track progress, and identify areas where more action and investment is needed to address climate change. In its first phase, the BTP will focus on enabling the delivery of BTRs in 2024, with its second phase to focus on serving as a platform for targeted support for the implementation and universal participation in the ETF, ensuring the continuation of the initiative to track the progress made by Parties through 2024 and beyond.
U-turn for better: Countries reinstate commitment to transition away from fossil fuels in new UN draft due for next month
In a positive development, countries have reintroduced commitment to transition away from fossil fuels in the draft of a new United Nations pact due to be adopted next month, following widespread condemnation over its previous removal, reported Climate Home News.
According to the outlet, the U-turn came after nearly 80 Nobel prizewinners and world leaders hit out at the deletion of any references to fossil fuels in a previous version of the negotiating text for the Summit of the Future taking place in New York during this year’s UN General Assembly.
The UN said the high-level event was a “once-in-a-generation opportunity to reinvigorate global action” on issues including climate change, sustainable development and peace. Member states are expected to agree on an “ambitious, concise and action-oriented” pact seen as a blueprint for boosting multilateral cooperation, the report said.
In the latest draft, leaders “decide to […] transition away from fossil fuels in energy systems in a just, orderly and equitable manner, so as to achieve net zero by 2050 in keeping with the science”. Climate Home News said the language closely mirrors the landmark agreement struck at the COP28 climate conference in Dubai last year with the exception of a call to “accelerating action in this critical decade”, which is absent from the draft.
African countries losing 5% GDP per year because of climate change
A new report by the World Meteorological Organization said African nations are losing up to 5% of their GDP per year with climate change, reported the AP . The report found that African countries are already losing up to 5% of their GDP every year as a result of climate change. The newswire said that, according to the report, many African nations are spending up to 9% of their budgets for climate adaptation policies. The AP explained that Africa is responsible for less than 10% of global greenhouse gas emissions. But it is the most vulnerable region to extreme weather events including droughts, floods and heatwaves, the WMO said.
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