In a ground-breaking ruling, the Supreme Court of India has significantly expanded the constitutional framework to include climate justice as a fundamental right under Articles 14 and 21.
This landmark decision, issued by a three-judge bench led by Chief Justice D Y Chandrachud, marks a pivotal moment in India’s legal landscape, acknowledging the intrinsic link between environmental protection and human rights. The court’s verdict underscores the constitutional significance of environmental preservation, citing Article 48A and Article 51A(g) of the Constitution, which mandate state and citizen duties to protect and improve the natural environment. While these provisions are non-justiciable, they serve as guiding principles that inform the interpretation of broader constitutional rights. By integrating the right to a clean environment and the right against the adverse effects of climate change into Articles 14 and 21, the Supreme Court has elevated environmental concerns to the realm of fundamental rights. This progressive stance reflects the evolving understanding of environmental jurisprudence and underscores the judiciary’s role in safeguarding the well-being of citizens amidst growing climate challenges.
The court’s ruling comes amidst a broader discourse on climate change and human rights, emphasising the state’s duty of care to prevent harm and ensure overall well-being. Recognising the intersection between climate change and human rights, the bench highlights the imperative for states to address climate impacts through a rights-based approach, underscoring the right to a healthy and clean environment as an essential component of this duty. Moreover, the court’s decision resonates with India’s international commitments to combat climate change and transition to renewable energy sources. With renewable energy, particularly solar power, emerging as a pivotal solution, the bench emphasises the urgency of shifting towards cleaner energy sources to mitigate environmental degradation and enhance energy security.
However, the court also acknowledges the practical challenges associated with implementing climate-centric policies, particularly in the context of power transmission infrastructure. While advocating for the adoption of renewable energy, the bench recognises technical complexities, land acquisition hurdles, and environmental considerations that necessitate a balanced approach. Overall, the Supreme Court’s ruling represents a paradigm shift in India’s legal landscape, reaffirming the nation’s commitment to environmental protection and sustainable development. By enshrining climate justice as a fundamental right, the court sets a precedent for future climate-related litigation and underscores the imperative for state action to address the adverse impacts of climate change.
