Climate Litigation: Strengthening India’s Environmental Jurisprudence
Climate litigation in India has emerged as a powerful tool to advance environmental justice and strengthen climate governance. It refers to legal actions seeking accountability from governments, corporations, or individuals for contributing to climate change or failing to mitigate its effects. Through such litigation, courts in India have increasingly expanded the scope of environmental jurisprudence under the Constitution, particularly within Article 21 (Right to Life) and Article 48A (Protection and improvement of environment).
Indian courts have consistently recognized that the right to life includes the right to a clean, stable, and sustainable environment. In cases like M.C. Mehta v. Union of India and T.N. Godavarman v. Union of India, the Supreme Court established principles such as the Polluter Pays Principle, Precautionary Principle, and Sustainable Development, laying the foundation for climate-based litigation. Recent petitions have focused on issues like air pollution, deforestation, industrial emissions, and failure to meet climate commitments, urging stricter enforcement of environmental standards.
In Ridhima Pandey v. Union of India (2017), a minor filed a petition seeking action against climate inaction, marking a shift towards intergenerational equity—the idea that present generations must preserve the environment for future ones. Such cases illustrate how the judiciary is integrating climate change considerations into broader environmental law.
Despite progress, challenges remain—limited awareness, procedural delays, and lack of specific climate legislation hinder consistent outcomes. Nevertheless, climate litigation has reinforced accountability and transparency, compelling both public and private sectors to act responsibly.
In essence, climate litigation has become a key pillar of India’s evolving environmental jurisprudence, transforming judicial oversight into a catalyst for sustainable and climate-resilient development.