Author: Sakshi Patil, Shahji Law college Kolhapur
Abstract
Climate change has emerged as a serious global concern, and India is among the most vulnerable nations due to its geography and socio-economic conditions. While the country does not yet have a dedicated climate change law, the Indian judiciary has played a significant role in addressing environmental issues that overlap with climate concerns. By expanding the scope of Article 21 of the Constitution, courts have recognized the right to a healthy environment as a fundamental right. Through doctrines such as polluter pays, precautionary principle, public trust, and sustainable development, the judiciary has provided effective remedies and guided environmental governance.
Landmark judgments in cases like M.C. Mehta, T.N. Godavarman, and Indian Council for Enviro-Legal Action reflect the judiciary’s proactive approach. However, challenges such as weak enforcement, lack of specific legislation, and balancing development with environmental protection persist. This article examines the contribution of Indian courts to climate change litigation, the challenges involved, and the way forward for a more comprehensive response.
Introduction
Climate change is one of the most serious challenges of our time, with direct impacts on health, livelihoods, and ecosystems. India, being highly vulnerable to extreme weather events, faces significant risks that demand urgent legal and policy responses. While international agreements like the Paris Accord shape global commitments, the role of national institutions, especially the judiciary, has become crucial in ensuring accountability.
In India, courts have long recognized the link between the right to life under Article 21 and the right to a healthy environment. Through principles such as sustainable development, polluter pays, and public trust, the judiciary has filled legislative and policy gaps in environmental governance. This article explores how Indian courts have responded to climate change-related issues, the challenges in such litigation, and the path forward in aligning judicial action with climate justice.
Legal Framework for Climate Change in India
India does not have a single, comprehensive legislation that directly addresses climate change. Instead, its legal framework is spread across constitutional mandates, environmental statutes, and policy measures that together provide the foundation for climate action.
Constitutional Provisions
The Constitution of India lays the groundwork for environmental protection, which indirectly supports climate change mitigation.
Article 21: The Supreme Court has interpreted the right to life to include the right to a clean and healthy environment.
Directive Principles of State Policy: Article 48A obliges the State to protect and improve the environment and safeguard forests and wildlife.
Fundamental Duties: Article 51A(g) places a duty on every citizen to protect the natural environment.
Statutory Provisions
Several legislations, though not framed specifically for climate change, regulate pollution, forest use, and conservation. Key among them are:
The Environment (Protection) Act, 1986, which empowers the central government to take measures for environmental safeguarding.
The Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974, which address pollution control.
The Forest Conservation Act, 1980 and the Biological Diversity Act, 2002, which protect ecosystems critical for climate regulation.
Policy Framework
India has also developed policies and action plans focusing on climate resilience.
The National Action Plan on Climate Change (NAPCC), 2008 outlines missions on solar energy, energy efficiency, sustainable habitat, and water conservation.
States have prepared State Action Plans on Climate Change (SAPCCs) tailored to local vulnerabilities.
Commitments under international agreements like the Paris Agreement also shape domestic policy.
Together, these constitutional provisions, legislations, and policies form the backbone of India’s climate change framework. While fragmented, they enable courts and policymakers to interpret and expand environmental obligations in line with emerging climate concerns.
Judicial Role in Environmental Protection
The Indian judiciary has played a pioneering role in developing and expanding the scope of environmental protection. At a time when legislative measures were either inadequate or poorly implemented, courts stepped in to safeguard the environment by interpreting constitutional rights broadly and introducing legal principles that now form the backbone of Indian environmental jurisprudence.
Expansion of Article 21
Through a series of judgments, the Supreme Court has read the right to a clean and healthy environment into Article 21 of the Constitution, which guarantees the right to life and personal liberty. This interpretation transformed environmental protection into a fundamental right, enforceable through writ jurisdiction.
Development of Environmental Principles
Indian courts have borrowed and adapted several international principles, giving them domestic recognition. These include the precautionary principle, which demands preventive action in the face of environmental risks, the polluter pays principle, which ensures accountability of industries for environmental damage, and the public trust doctrine, which treats natural resources as assets held by the State in trust for the people.
Judicial Activism and Public Interest Litigation (PILs)
Environmental PILs have been instrumental in bringing issues like industrial pollution, deforestation, and waste management before the courts. In cases such as M.C. Mehta v. Union of India, the judiciary laid down directions for pollution control, vehicular emission standards, and the closure of hazardous industries near residential areas.
Supervisory and Policy-Making Role
In several cases, courts have gone beyond adjudication to frame guidelines and monitor compliance. While this has attracted criticism for overstepping into executive functions, it has also ensured that urgent environmental concerns are not left unaddressed.
Overall, the judiciary has emerged as a central actor in environmental governance.
Key Judicial Pronouncements on Climate Change in India
Although India does not have a dedicated climate change law, its judiciary has delivered several landmark judgments that indirectly address climate concerns through broader environmental protection. These pronouncements highlight how Indian courts have expanded constitutional rights and applied innovative principles to safeguard natural resources, reduce pollution, and promote sustainable development.
M.C. Mehta v. Union of India (Ganga Pollution, Taj Trapezium, Vehicular Emissions cases)
Environmental activist M.C. Mehta’s series of petitions played a crucial role in shaping India’s environmental jurisprudence. Through these cases, the Supreme Court required industries to shift to cleaner technologies, directed the relocation of highly polluting units, and mandated the use of Compressed Natural Gas (CNG) in Delhi’s public transport system. These interventions not only helped bring down air pollution levels but also reflected the judiciary’s proactive stance in promoting sustainable practices that aid climate change mitigation.
Subhash Kumar v. State of Bihar (1991)
This judgment established the principle that environmental degradation directly affects human rights, thereby providing constitutional backing for climate-related claims.
Indian Council for Enviro-Legal Action v. Union of India (1996)
Here, the Court invoked the polluter pays principle, holding industries liable for environmental damage caused by hazardous waste. The decision emphasized accountability, which is central to addressing greenhouse gas emissions and other climate impacts.
T.N. Godavarman Thirumulpad v. Union of India (Forest Case, 1996 onwards)
This ongoing case expanded judicial oversight over forest conservation. The Supreme Court monitored deforestation, regulated forest diversion for non-forest use, and strengthened the framework for afforestation. Since forests act as vital carbon sinks, this case has strong implications for climate change mitigation.
Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1985)
The Court ordered the closure of limestone quarries in Mussoorie due to ecological damage. This was one of the first cases where sustainable development was prioritized over industrial growth, setting a precedent for future climate-conscious decisions.
Recent Developments
For example, the National Green Tribunal (NGT) has addressed issues related to vehicular emissions, renewable energy adoption, and air quality management, framing them within the broader climate debate.
Challenges in Climate Change Litigation in India
Despite the judiciary’s proactive role in expanding environmental law, climate change litigation in India faces several practical and structural challenges. These hurdles often limit the effectiveness of judicial interventions and highlight the need for a more comprehensive legal framework.
Absence of Specific Climate Legislation
Existing environmental laws focus on pollution control, conservation, and resource management, but they do not directly address greenhouse gas emissions or climate adaptation. As a result, courts are compelled to rely on broad constitutional interpretations or general environmental statutes, which may not fully capture the complexity of climate issues.
Complexity of Scientific Evidence
Climate change cases often involve technical data, scientific models, and long-term predictions. Courts, which primarily function within a legal framework, may find it difficult to assess such complex evidence. The absence of specialized expertise can hinder effective adjudication and delay meaningful remedies.
Issues of Locus Standi
While Indian courts have liberalized access through public interest litigation (PILs), questions of standing still arise in climate cases. Determining who has the right to approach the court, especially in matters affecting future generations or global impacts, remains a legal challenge.
Enforcement and Compliance Gaps
Even when strong judicial orders are passed, implementation is often weak. Factors such as bureaucratic delays, lack of monitoring mechanisms, and limited institutional capacity reduce the effectiveness of judicial directions. In climate-related matters, where sustained action is required, weak enforcement significantly undermines outcomes.
Balancing Development and Environment
India’s economic priorities, including industrial growth and infrastructure development, frequently clash with environmental concerns. Courts face the difficult task of balancing developmental needs with ecological protection. This conflict often leads to compromises that dilute the long-term fight against climate change.
Limited Public Awareness
Climate change is still perceived by many as a scientific or policy matter rather than a legal issue. Limited awareness among citizens and communities restricts the number of climate-specific cases reaching the judiciary.
7.Remedies in Climate Change Litigation
Indian courts have developed a range of remedies to address environmental and climate-related disputes. These include:
Compensation and Damages – Polluters are directed to pay for the harm caused, based on the polluter pays principle.
Restitution and Restoration – Courts often order ecological restoration, such as afforestation, cleaning of rivers, or revival of degraded land.
Injunctions and Closure Orders – Industries or activities causing environmental harm may be restrained, relocated, or shut down.
Policy Directions and Guidelines – Judicial orders sometimes frame guidelines for government action, such as vehicular emission controls or adoption of cleaner technologies.
5. Constitutional Remedies – Citizens can approach courts under Articles 32 and 226 to Lenforce the fundamental right to a clean environment as part of Article 21.
Conclusion
The Indian judiciary has played a vital role in shaping environmental law and indirectly advancing climate change litigation. Through innovative doctrines like polluter pays, precautionary principle, and public trust doctrine, courts have expanded the meaning of the right to life under Article 21 to include the right to a clean and healthy environment. These interventions have filled legislative and policy gaps and offered remedies ranging from compensation to ecological restoration.
However, challenges such as weak enforcement, lack of climate-specific laws, and the constant tension between development and sustainability remain. A stronger legal framework, combined with active executive policies and public participation, is essential.
Frequently Asked Questions (FAQs)
Q1. What is climate change litigation?
Climate change litigation refers to legal actions brought before courts to hold governments, corporations, or individuals accountable for contributing to, or failing to address, climate change impacts.
Q2. Does India have a specific climate change law?
No. India does not have a dedicated climate change law. Instead, it relies on constitutional provisions, environmental statutes, policies like the National Action Plan on Climate Change, and judicial interpretations.
Q3. How has the Indian judiciary addressed climate change issues?
Indian courts have expanded the right to life under Article 21 to include the right to a healthy environment. They have applied principles like polluter pays, precautionary principle, and public trust doctrine to protect natural resources and mitigate environmental damage.
