CLIMATE CHANGE LITIGATION IN INDIA: AN EMERGING JURISPRUDENTIAL FRAMEWORK

Authored By:Dhruv Vijay

BS ANANGPURIA Institute of Law

Abstract

India is no exception to the global rise of climate change litigation. Despite the absence of a dedicated climate change law, the Supreme Court and the National Green Tribunal (NGT) have developed climate jurisprudence through constitutional interpretation, environmental principles, and international commitments. This paper examines the evolution, scope, legal basis, landmark cases, challenges, and future trajectory of India’s climate change litigation. It argues that India’s climate litigation is largely rights-based, grounded in Article 21 of the Constitution, and increasingly influenced by global environmental norms.

Keywords: Supreme Court, National Green Tribunal, Constitution, Climate, Environment

Introduction

Climate change poses a severe threat to India due to its geographic vulnerability, population density, and dependence on climate-sensitive sectors like agriculture. Legal responses to climate change in India have evolved gradually, primarily through environmental litigation rather than explicit climate-focused laws. Climate change litigation refers to legal actions addressing the causes, impacts, or governance of climate change, including adaptation, mitigation, and accountability. In India, such litigation often arises through Public Interest Litigations (PILs), writ petitions, and cases before the NGT. Globally, climate litigation is rapidly increasing, with over 2,000 cases recorded across multiple jurisdictions, reflecting a growing reliance on courts to address climate governance gaps.

Historical Background

1. Before the 1980s: Colonial Influence and Lack of Environmental Awareness

The historical development of climate change litigation in India cannot be understood in isolation; it is closely connected to broader changes in environmental law, constitutional law, and judicial behaviour. Before the 1980s, Indian environmental laws were shaped by colonial frameworks such as the Indian Forest Act, 1927, and common law doctrines like nuisance and strict liability. Environmental protection was not considered a constitutional or human rights issue. Courts generally took a cautious approach, intervening only when there was direct harm and clear proof of damage. During this period, climate change as a legal concept was not yet recognised, and environmental problems such as pollution, deforestation, and urban development went largely without legal checks.

2. After the 1970s: Constitutional Changes

A significant shift came in the wake of the 1972 Stockholm Conference, which prompted India to adopt a more proactive stance on environmental protection. Following the global momentum generated by that conference, India’s 42nd Constitutional Amendment (1976) introduced Articles 48A and 51A(g), requiring the State and citizens to protect the environment. Most importantly, courts began to expand the meaning of Article 21, the right to life, to include the right to a clean and healthy environment. This judicial creativity laid the groundwork for environmental—and, eventually, climate-related—legal claims, building a rights-based environmental framework that would soon support climate litigation.

3. The 1980s: Rise of Public Interest Litigation (PIL)

The 1980s witnessed the rise of Public Interest Litigation (PIL), which fundamentally transformed Indian environmental law. PIL lowered the barrier of locus standi, enabling any person concerned with the public good to approach courts even without direct personal injury. Activists and lawyers, particularly M.C. Mehta, used PIL to bring major environmental issues before the courts. Key cases from the 1980s and 1990s addressed pollution, vehicle emissions, and waste management. Through this body of litigation, the Supreme Court developed foundational environmental principles: the polluter pays principle, the precautionary principle, the public trust doctrine, and absolute liability. These principles became embedded in constitutional law and formed the backbone of India’s environmental legal system. Although these cases did not directly address climate change, they established the legal infrastructure that would later support climate-related litigation.

4. The 1990s–2000s: Expansion of Environmental Law

During the 1990s and early 2000s, Indian courts became increasingly engaged with environmental issues, issuing ongoing supervisory orders through the mechanism known as “continuing mandamus.” This period also saw the integration of international environmental principles into Indian domestic law, with concepts such as sustainable development and intergenerational equity gaining judicial recognition. Courts addressed matters of air quality, forest protection, and river conservation. Although climate change was not a primary subject of litigation, its proximate causes—industrial emissions and large-scale resource exploitation—were indirectly addressed through this expanding environmental jurisprudence.

5. Institutional Development: National Green Tribunal (NGT)

A landmark institutional development was the establishment of the National Green Tribunal (NGT) under the National Green Tribunal Act, 2010. The NGT was created as a specialised forum for the expeditious disposal of environmental disputes, combining judicial authority with technical expertise. It has played a central role in adjudicating environmental clearances, pollution control, and ecological damage. Many NGT decisions now engage with climate-related dimensions, even in cases not explicitly framed as climate disputes. The creation of the NGT marked a transition from purely judge-led activism to a more structured and institutionalised environmental law framework.

6. The Shift to Climate Change Litigation

Climate change litigation in India evolved gradually from within the existing environmental law framework. Initially, climate change appeared only as a peripheral reference in broader environmental cases. Over time, however, litigants began invoking climate impacts as central arguments, and courts proved receptive to engaging with scientific and policy dimensions of climate change. Three factors enabled this shift: the constitutional recognition of environmental rights, the accessibility of PIL as a procedural tool, and the judiciary’s growing openness to climate science.

7. Climate Litigation as a Human Rights Issue

A defining development in recent years has been the courts’ recognition of climate change as a constitutional matter. Judicial decisions have increasingly linked climate protection to fundamental rights under Articles 14 and 21. In a significant ruling, the Supreme Court held that a stable and clean environment, free from the adverse effects of climate change, is essential to the right to life. This reflects a broader transition from purely environmental protection to a rights-based, justice-oriented approach to climate governance.

8. Judicial Activism and Legislative Gaps

India’s climate jurisprudence is marked by robust judicial activism. Courts have regularly intervened where the government or legislature has failed to act. This proactive posture has strengthened environmental enforcement and promoted regulatory accountability. However, it has also raised legitimate concerns about institutional overreach and the absence of a dedicated climate statute. Unlike several other jurisdictions, India lacks a comprehensive climate change law, leaving courts to work within the framework of existing environmental legislation and constitutional rights. Despite these limitations, judicial engagement has been indispensable to advancing climate governance.

9. Current Trends and Emerging Legal Approaches

Recent trends reveal a more sophisticated and multi-dimensional approach to climate litigation in India. Courts are increasingly relying on scientific data and climate modelling; prioritising the rights of vulnerable communities and the imperatives of climate justice; incorporating international agreements such as the Paris Agreement; and scrutinising corporate responsibility for environmental harm. Indian courts are also aligning with global developments, including human rights-based argumentation and the application of international legal norms. Climate litigation is progressively emerging as a distinct sub-field within environmental law, with its own doctrinal foundations, litigation strategies, and normative objectives.

Concept and Scope of Climate Change Litigation in India

Climate litigation in India encompasses a broad range of disputes, including cases addressing greenhouse gas emissions, environmental clearances with climate implications, biodiversity and ecosystem protection, climate adaptation and disaster management, and enforcement of international commitments. Unlike in Western jurisdictions, Indian climate litigation is often indirect—embedded within broader environmental disputes rather than explicitly labelled as “climate cases.” Its scope extends across constitutional law (Articles 14 and 21), environmental statutes (the Environment Protection Act, the Air Act, and the Water Act), and international law principles (the Paris Agreement and the Rio Declaration).

Constitutional Framework and Climate Jurisprudence

Article 21 and the Right to Life

Article 21, which guarantees the right to life, is the foundation of climate litigation in India. The Supreme Court has extended this provision to encompass the right to a clean and healthy environment. In a landmark decision, the Court ruled that protection from the adverse effects of climate change is a fundamental right derived from Articles 21 and 14 of the Constitution. This recognition transforms climate concerns into enforceable legal rights and elevates climate protection from a matter of policy discretion to a justiciable constitutional obligation.

Directive Principles and Fundamental Duties

Article 48A imposes a duty on the State to protect and improve the environment, while Article 51A(g) requires citizens to safeguard nature. Though these provisions are not directly enforceable as fundamental rights, courts have consistently relied upon them to interpret and reinforce constitutional environmental protections. They serve as important normative anchors in climate-related judicial reasoning.

Role of the Judiciary in Climate Change Litigation

Supreme Court of India

The Supreme Court of India has played a transformative and pioneering role in shaping climate change litigation, even in the absence of a dedicated climate statute. Its most significant contribution lies in expanding the scope of constitutional rights and embedding environmental protection within the framework of fundamental rights.

Through a series of landmark decisions, the Court has held that the right to life under Article 21 includes the right to a clean, healthy, and pollution-free environment. This expansive interpretation has enabled litigants to bring climate-related concerns within the ambit of fundamental rights, even though climate change is not explicitly mentioned in the Constitution. The Court has also recognised the principle of intergenerational equity—the obligation to preserve natural resources for future generations—which is particularly salient in the context of climate change, where present-day environmental degradation directly imperils future populations.

The Court has increasingly linked climate change to fundamental rights under both Article 14 (Right to Equality) and Article 21. Climate impacts such as rising temperatures, extreme weather events, and ecological imbalance are treated as direct threats to human life and dignity. By framing climate change as a constitutional issue, the Court has elevated it from a policy concern to a matter of legal enforceability.

The Court’s proactive approach through PIL has been equally significant. By relaxing procedural rules around locus standi, the Court has allowed NGOs, activists, and concerned citizens to litigate on environmental and climate issues, significantly democratising access to justice. In the absence of a comprehensive climate statute, the Court has also drawn on established environmental principles—the precautionary principle, the polluter pays principle, and the doctrine of sustainable development—as normative foundations for climate adjudication.

National Green Tribunal (NGT)

The National Green Tribunal (NGT), established under the National Green Tribunal Act, 2010, represents a significant institutional development in India’s environmental and climate governance framework. Created to provide a specialised forum for the effective and expeditious disposal of environmental cases, the NGT combines judicial authority with technical expertise, making it particularly well-suited to adjudicate complex environmental and climate-related disputes.

The Tribunal primarily deals with matters concerning environmental clearances for large infrastructure and industrial projects, pollution control involving air, water, and soil contamination, and ecological damage including deforestation, biodiversity loss, and climate-linked environmental degradation. Although the NGT does not exclusively hear “climate change cases,” many disputes brought before it carry direct or indirect climate implications—cases challenging deforestation or industrial emissions, for instance, contribute to climate mitigation by constraining greenhouse gas outputs.

The NGT offers wide accessibility: any person aggrieved by environmental harm may approach the Tribunal. It is not strictly bound by procedural technicalities, enabling quicker and more flexible decision-making. The Tribunal has actively applied core environmental principles—the precautionary principle, the polluter pays principle, and sustainable development—and its orders frequently include directions for compensation, environmental restoration, and regulatory compliance. By scrutinising government decisions on environmental clearances, the NGT also plays a crucial bridging role between law and policy, ensuring accountability and promoting environmentally sustainable development.

Landmark Climate Change Cases in India

Ridhima Pandey v. Union of India, Original Application No. 187 of 2017 (NGT)

Filed by a child activist before the NGT, this case alleged government inaction on climate change. It was grounded in the principle of intergenerational equity, demanded stricter climate policies, and highlighted the rights of children in the context of climate impacts. Although the NGT dismissed the application, the case drew significant global attention to youth-led climate litigation in India and contributed to the emerging discourse on children’s constitutional rights in an era of climate change.

Gaurav Bansal v. Union of India, Application No. 498 of 2014 (NGT)

This case challenged the ineffective implementation of the National Action Plan on Climate Change (NAPCC). It contributed to judicial scrutiny of climate-related government policies, reinforced state accountability in meeting climate commitments, and emphasised the importance of India’s international environmental obligations. The case established an important precedent for holding the executive accountable for policy implementation failures with climate implications.

Society for Protection of Environment & Biodiversity v. Union of India, Application No. 677 of 2016 (NGT)

This case challenged exemptions in environmental clearance rules, raising questions about the climate impact of construction activity, the application of the precautionary principle, and the inherent tension between developmental imperatives and environmental sustainability. It reinforced the Tribunal’s role in ensuring that regulatory exemptions do not compromise environmental and climate protections.

M.C. Mehta Cases (Environmental Jurisprudence)

Although not strictly climate litigation, the series of cases brought by M.C. Mehta before the Supreme Court—including M.C. Mehta v. Union of India, (1987) 1 SCC 395—established foundational doctrines that now pervade climate-related adjudication. The polluter pays principle, the precautionary principle, and the doctrine of absolute liability, all judicially developed through these cases, are today among the most frequently invoked doctrines in climate litigation. These decisions remain the bedrock of India’s environmental jurisprudence.

Principles Governing Climate Litigation in India

Indian courts rely heavily on established environmental principles in adjudicating climate-related disputes:

Precautionary Principle: Regulatory action must be taken to prevent environmental harm even in the absence of complete scientific certainty.
Polluter Pays Principle: Those responsible for environmental pollution must bear the cost of remediation and compensation for resulting damage.
Sustainable Development: Economic growth must be pursued in a manner that does not compromise the capacity of future generations to meet their own needs.
Public Trust Doctrine: Natural resources are held in trust by the State for the benefit of the citizenry and must be protected accordingly.

These principles provide the normative framework within which climate-related judicial decisions are made, lending doctrinal coherence to an area of law that lacks a dedicated legislative foundation.

International Influence on Indian Climate Litigation

Indian courts frequently draw upon international environmental law in interpreting domestic statutes and constitutional provisions. Key instruments include the Paris Agreement (2015), the Rio Declaration on Environment and Development (1992), and the United Nations Framework Convention on Climate Change (UNFCCC). Courts have used these instruments to interpret domestic laws expansively, strengthen environmental protections, and ensure India’s compliance with its global commitments. The influence of international law has been particularly evident in cases invoking the precautionary principle and intergenerational equity, both of which have strong roots in international environmental instruments.

Emerging Trends in Climate Litigation

Rights-Based Approach: Indian courts are increasingly framing climate issues as human rights concerns, connecting environmental harm to constitutionally protected rights to life and equality.
Rise of Public Interest Litigation: Citizens and NGOs continue to actively approach courts to seek climate justice, making PIL the dominant procedural mechanism in climate governance.
Expansion of Judicial Review: Courts are subjecting government climate policies and regulatory decisions to closer scrutiny, reinforcing executive accountability.
Increasing Case Volume: The number of climate-related cases filed in India has grown steadily, reflecting rising public awareness, increased civil society activism, and a broader recognition of climate change as a legal issue.

Challenges in Climate Change Litigation in India

Absence of Specific Legislation: The lack of a comprehensive climate change law means that litigation is fragmented across multiple statutes and constitutional provisions, reducing legal certainty and coherence.
Difficulty in Establishing Causation: Establishing a direct causal link between specific acts or omissions and climate harm remains scientifically and legally complex.
Judicial Limitations: Courts may lack specialised expertise in climate science, making it difficult to evaluate technical evidence and set scientifically grounded standards.
Enforcement Gaps: Even where courts issue favourable orders, effective implementation and enforcement remain persistent challenges.
Development versus Environment: Balancing India’s imperative of economic development and poverty reduction with the demands of environmental sustainability remains a defining tension in climate adjudication.

Comparative Perspective

Compared to jurisdictions such as the United States and the Netherlands, India’s approach to climate litigation is distinctive in several respects. Indian courts rely more heavily on constitutional rights as the basis for climate claims, while in other jurisdictions statutory and tort-based frameworks are more prominent. Indian litigation places greater emphasis on public interest mechanisms and less on corporate liability. India’s socio-economic conditions, characterised by large populations dependent on climate-sensitive livelihoods, give climate justice imperatives a particular urgency that shapes the nature and goals of domestic climate litigation.

Future of Climate Litigation in India

Climate litigation in India is expected to grow in volume and sophistication in the coming years, driven by increased climate awareness, judicial recognition of climate rights, sustained international pressure, and growing civil society activism. Future developments may include the enactment of dedicated climate legislation, stronger enforcement mechanisms for judicial and regulatory orders, and increased scrutiny of corporate climate responsibility. The trajectory of Indian climate jurisprudence suggests a continued deepening of the rights-based approach, with courts playing an ever more central role in holding both public authorities and private actors accountable for climate governance.

Conclusion

Climate change litigation in India is a dynamic and rapidly evolving field. The judiciary has significantly shaped climate governance through constitutional interpretation and the application of environmental principles, achieving this in the absence of a specialised climate statute. The Supreme Court’s recognition of climate protection as a fundamental right marks a significant milestone, opening new avenues for legal intervention and accountability. However, challenges—including enforcement gaps, legislative deficits, and the difficulty of establishing causation—remain substantial. Ultimately, climate litigation in India reflects a broader shift towards rights-based environmental governance, in which courts serve as key agents in addressing one of the most pressing challenges of the twenty-first century.

Reference(S):

Ridhima Pandey v. Union of India, Original Application No. 187 of 2017 (NGT).

Gaurav Bansal v. Union of India, Application No. 498 of 2014 (NGT).

Society for Protection of Environment & Biodiversity v. Union of India, Application No. 677 of 2016 (NGT).

M.C. Mehta v. Union of India, (1987) 1 SCC 395.

Shibani Ghosh, Litigating Climate Claims in India, 114 Am. J. Int’l L. 44 (2020).

UNEP, Global Climate Litigation Report (2023).

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