Supreme Court Sets New Legal Ground by Declaring Right Against Climate Change Impacts

Judicial Groundwork

The Supreme Court of India formally recognised the right to be free from the adverse effects of climate change as a fundamental right. This ruling came in the case of MK Ranjitsinh v. Union of India in the year 2024. The court tied this newly acknowledged right directly to Article 14 and Article 21 of the Constitution. The core matter in this legal dispute focused on protecting the endangered Great Indian Bustard and the lesser florican. Overhead power transmission lines pose a major threat to these birds due to their poor vision. The court previously ordered underground lines across a massive 99,000 square kilometre area in 2021 before modifying those directions.

Vulnerability And Laws

India supports a population of 1.4 billion people with a vast coastline, a glacier-dependent river system, and heavy reliance on rainwater. This makes the country highly vulnerable to sudden weather changes and rising sea levels. Several laws support environmental protection in the country. These include the Wildlife Protection Act of 1972, the Water Act of 1974, the Air Act of 1981, and the National Green Tribunal Act of 2010. Articles 48A and 51A(g) of the Constitution also outline state and citizen duties toward the natural environment.

Environmental Doctrines

Indian courts have built environmental jurisprudence over decades using Public Interest Litigation that emerged in the 1970s. In Rural Litigation and Entitlement Kendra v. State of UP in 1985, the court handled limestone quarrying in the Mussoorie Hill Range that caused landslides and dried up water springs. Later, in Indian Council for Enviro-Legal Action v. Union of India in 1996, the court applied the polluter pays principle. The Vellore Citizens Welfare Forum case in 1996 involved 900 tanneries dumping untreated waste in Tamil Nadu. Furthermore, MC Mehta v. Kamal Nath in 1997 introduced the public trust doctrine, holding the state as a trustee of natural resources like air and water.

Context

India relies heavily on judicial activism through Public Interest Litigation to address gaps where explicit climate legislation is absent. Courts use broad constitutional interpretations to protect public health and natural resources from industrial harm. However, legal experts note that judicial orders alone cannot solve the climate crisis without active support from the legislature and the executive branch.