{"id":20563,"date":"2026-07-06T03:26:35","date_gmt":"2026-07-05T21:56:35","guid":{"rendered":"https:\/\/lawjurist.com\/?p=20563"},"modified":"2026-07-06T03:35:29","modified_gmt":"2026-07-05T22:05:29","slug":"the-right-against-adverse-effects-of-climate-change-as-a-fundamental-right-analysing-the-supreme-courts-evolving-jurisprudence","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2026\/07\/06\/the-right-against-adverse-effects-of-climate-change-as-a-fundamental-right-analysing-the-supreme-courts-evolving-jurisprudence\/","title":{"rendered":"The Right Against Adverse Effects of Climate Change as a Fundamental Right: Analysing the Supreme Court\u2019s Evolving Jurisprudence"},"content":{"rendered":"\t\t
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Author: Shashi Ranjan, 3rd Semester LL.B at Student at University of Allahabad<\/strong><\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Abstract<\/strong><\/h5>\n

In March 2024, the Supreme Court of India delivered a judgment that may well reshape how we understand environmental rights in the constitutional framework. While dealing with the protection of the endangered Great Indian Bustard, the Court explicitly recognised the right to be free from the adverse effects of climate change as an integral part of fundamental rights under Articles 14 and 21. This paper examines the background, reasoning, and implications of this development. It argues that while the judgment marks a significant constitutional milestone, its success will ultimately depend on how vigorously it is enforced and translated into concrete policy and action on the ground.<\/p>\n

Introduction<\/strong><\/h5>\n

India faces climate change impacts that are both widespread and deeply unequal. From farmers battling unpredictable rainfall to coastal communities losing land to rising seas, the effects are felt most by those least responsible for the problem. For years, the Supreme Court has expanded the meaning of the right to life under Article 21 to include environmental protection. The M.K. Ranjitsinh <\/em>decision takes this evolution a step further by directly addressing climate change as a distinct constitutional concern.<\/p>\n

The case began as a petition seeking safeguards for two critically endangered bird species\u00a0 the Great Indian Bustard and the Lesser Florican\u00a0 whose habitats overlap with areas targeted for renewable energy projects. What started as a conservation matter became an opportunity for the Court to articulate a broader principle.<\/p>\n

Constitutional and Doctrinal Foundations<\/strong><\/h5>\n

The Constitution does not contain an explicit provision on climate change, but several articles provide a solid foundation. Article 21 has long been interpreted liberally. Earlier rulings established that the right to life includes the right to a healthy environment. The Court has also drawn support from Article 48A, which directs the State to protect the environment, and Article 51A(g), which places a duty on citizens to do the same.<\/p>\n

Equality under Article 14 adds another dimension. Climate impacts are not uniform. Marginalised communities, indigenous groups, and rural populations often bear a heavier burden. Recognising this disparity gives the new right a strong equity angle.<\/p>\n

The M.K. Ranjitsinh Judgment: Key Holdings<\/strong><\/h5>\n

In its 21 March 2024 decision, the Supreme Court made a clear pronouncement: citizens have a right to be protected from the adverse effects of climate change. This right flows from Articles<\/p>\n

14 and 21 and is intertwined with the existing right to a clean environment. The Court described the two as \u201ctwo sides of the same coin.\u201d<\/p>\n

The bench acknowledged India\u2019s efforts to expand renewable energy as part of its climate strategy but emphasised that such development cannot come at the cost of ignoring broader environmental harm. While the Court modified its earlier directions on power lines to allow a more balanced approach through expert consultation, its lasting contribution lies in the constitutional recognition of climate rights.<\/p>\n

The judgment also highlighted the absence of a comprehensive domestic climate law, underscoring the need for legislative action to complement judicial efforts.<\/p>\n

Journey of Environmental Jurisprudence<\/strong><\/h5>\n

This decision builds on a rich line of cases. From the Vellore Citizens <\/em>case that brought in sustainable development and the precautionary principle, to various M.C. Mehta <\/em>matters on pollution, the Court has consistently shown willingness to enforce environmental duties. What distinguishes Ranjitsinh <\/em>is its explicit engagement with climate change as a systemic threat affecting fundamental rights on a national scale.<\/p>\n

Strengths and Limitations<\/strong><\/h5>\n

The judgment has several positive aspects. It empowers citizens to approach courts on climate-related grievances with stronger constitutional backing. It sends a signal to policymakers that climate considerations must be mainstreamed. It also aligns Indian constitutional law with growing global trends in climate litigation.<\/p>\n

At the same time, challenges persist. Judicial declarations alone cannot solve complex scientific and policy problems. Implementation remains weak in many states. There is a risk of courts being drawn into detailed policy matters better handled by expert bodies. Striking the right balance between environmental protection and developmental needs, especially in a country like India, will continue to test the judiciary.<\/p>\n

Way Forward<\/strong><\/h5>\n

The recognition of this right should encourage Parliament to enact a dedicated climate change law that addresses mitigation, adaptation, finance, and accountability. State governments need to strengthen their pollution control mechanisms and disaster preparedness. Legal education must also incorporate climate justice as a core subject.<\/p>\n

For researchers and students, this opens up fertile ground \u00a0examining how this right applies to specific sectors like agriculture, urban planning, or energy transitions, or how it interacts with principles of intergenerational equity.<\/p>\n

Conclusion<\/strong><\/h5>\n

The Supreme Court\u2019s acknowledgment of the right against adverse climate impacts reflects a maturing understanding that environmental stability is essential to human dignity and equality. Coming in a case involving an endangered bird, the judgment reminds us that protecting nature ultimately protects ourselves.<\/p>\n

Much work remains. Rights gain meaning only through consistent enforcement and societal commitment. If taken seriously by all stakeholders, this decision could become a turning point in India\u2019s response to the climate crisis \u00a0one where constitutional values guide both policy and action toward a more sustainable future.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Author: Shashi Ranjan, 3rd Semester LL.B at Student at University of Allahabad Abstract In March 2024, the Supreme Court of India delivered a judgment that may well reshape how we understand environmental rights in the constitutional framework. While dealing with the protection of the endangered Great Indian Bustard, the Court explicitly recognised the right to […]<\/p>\n","protected":false},"author":1,"featured_media":5012,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_themeisle_gutenberg_block_has_review":false,"footnotes":""},"categories":[85],"tags":[],"_links":{"self":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/20563"}],"collection":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/comments?post=20563"}],"version-history":[{"count":4,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/20563\/revisions"}],"predecessor-version":[{"id":20568,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/posts\/20563\/revisions\/20568"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media\/5012"}],"wp:attachment":[{"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/media?parent=20563"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/categories?post=20563"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawjurist.com\/index.php\/wp-json\/wp\/v2\/tags?post=20563"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}