Shashi Kant Yadav

Abstract This article highlights the importance of differentiating between environmental law and climate law in India, and, in doing so, analyses what counts as climate law in that country. It identifies three overarching approaches (trickle-down; Environmental Impact Assessment as climate law; and human rights law and climate change) that the current literature adopts to study and analyse climate law in India. We argue that none of these approaches comprehensively covers climate change mitigation measures adopted in this country. We propose an alternative approach to the analysis of climate law in India, which we call 'administrative layering'. Accordingly, we outline a three-step process to identify and conceptualize climate law in India.

India has characterised shale gas as a transitional energy source and is planning to commercially scale the extraction of shale gas through hydraulic fracturing (fracking). Currently, India has announced 56 fracking projects spread across six Indian states. In doing so, exploration of shale gas resources has started in India. The regulations that govern conventional extraction processes are also applicable to fracking activities. The conflation of fracking with conventional drilling processes in India's regulatory approach may have implications for the country's water security, given the unique risks that fracking poses to water resources. This article analyses India's regulatory framework applicable to fracking-specific water (FSW) issues. In doing so, this article identifies four key paradigms of water security and maps these key paradigms with the US fracking experience, identifying four key FSW issues. Subsequently, this article evaluates if India's multi-level regulatory system regulates the identified four FSW issues. In conclusion, this research finds that before commercially scaling fracking operations, India must conduct a scientific inquiry on the impact of proposed fracking projects on its water resources. In doing so, it must reexamine its regulations at the federal and state levels to comprehensively cover FSW issues.