Role of Judiciary in Protecting the Climate

Introduction

The world is facing a serious climate crisis. Rising global temperatures, unpredictable rainfall, melting glaciers, rising sea levels, and frequent natural disasters are clear signs that the environment is under stress. India, with its huge population and rapid development, is one of the most climate-vulnerable countries in the world. While the executive and legislature play an important role in framing laws and policies, the judiciary has emerged as a strong guardian of the environment. In India, courts have often stepped in when the other two organs of government failed to act or acted too slowly.

Through progressive interpretation of constitutional provisions, landmark judgments, and continuous monitoring, the Indian judiciary has become a protector of the climate and environment. This article explores the role of the judiciary in protecting the climate in India, tracing its journey from the early days of environmental litigation to the present era of climate justice. It also discusses major judgments, principles evolved by the courts, challenges, and the way forward.

Background — Historical Environmental Jurisprudence

Environmental protection is not a new concept in Indian culture. Ancient texts and traditions show deep respect for nature. Rivers, trees, forests, and animals were considered sacred. However, modern industrial development, especially after independence, brought with it large-scale deforestation, pollution, and resource exploitation.

In the early years, environmental issues were not taken very seriously by the courts. The focus was more on economic growth and industrialization. But gradually, public awareness grew, and citizens started approaching the courts under writ petitions. The turning point came with the rise of Public Interest Litigation (PIL) in the late 1970s and 1980s. PILs allowed citizens to approach the courts not only for personal grievances but also for larger public causes, including environmental protection.

Constitutional Provisions and Judicial Interpretation

The Indian Constitution does not explicitly use the word “climate change.” However, several provisions give the judiciary a strong base to protect the environment:

• Article 21 – Right to Life: The Supreme Court has repeatedly held that the right to life includes the right to a clean, healthy, and sustainable environment.
• Article 48A – Directive Principles: The State shall protect and improve the environment and safeguard forests and wildlife.
• Article 51A(g) – Fundamental Duty: Every citizen has the duty to protect and improve the natural environment.

The judiciary has expanded the meaning of Article 21 to include the right to clean air, safe drinking water, and ecological balance. This interpretation has been the backbone of climate-related judgments in India.

Landmark Judgments on Environmental and Climate Protection

Recent Climate-Oriented Cases

In 2023 and 2024, Indian courts, especially the Supreme Court, started linking climate change directly to constitutional rights. For example, the court recognized that the right to be free from the adverse effects of climate change is part of Article 21. This shows that the judiciary is moving beyond traditional pollution cases to address climate justice.

Principles Evolved by the Judiciary

Over the years, the Indian judiciary has developed a strong body of environmental principles, many of which directly address climate protection:

• Polluter Pays Principle – The one who causes pollution must pay for its prevention and cure.
• Precautionary Principle – Lack of scientific certainty should not be a reason to postpone measures to prevent environmental harm.
• Sustainable Development – Development must take place without compromising future generations’ needs.
• Public Trust Doctrine – Natural resources are held in trust by the government for the benefit of all.
• Intergenerational Equity – Courts have stressed the responsibility towards future generations.

These principles form the backbone of India’s climate jurisprudence.

Role of National Green Tribunal (NGT)

Established in 2010, the National Green Tribunal has been a major step in strengthening judicial protection of the environment. The NGT provides speedy and specialized handling of environmental cases. Some important contributions of NGT include:

• Banning diesel vehicles older than 10 years in Delhi.
• Imposing fines on industries for polluting the Yamuna and Ganga rivers.
• Monitoring solid waste management and air quality in cities.
• Addressing climate-related concerns such as industrial emissions, deforestation, and biodiversity loss.

The NGT has become an essential institution in India’s climate protection framework.

Judiciary as a Climate Guardian

The Indian judiciary has often gone beyond traditional legal boundaries to act as a guardian of the climate. For example:

• Courts have set up monitoring committees for compliance with environmental orders.
• They have balanced industrial growth with ecological sustainability.
• They have recognized climate change as a human rights issue.
• The judiciary has also encouraged renewable energy, strict emission standards, and protection of vulnerable communities affected by climate change.

Challenges Before the Judiciary

Despite its proactive role, the judiciary faces several challenges:

• Implementation Gap – Many orders are not fully implemented due to weak enforcement.
• Conflict with Development Goals – Balancing economic growth and climate protection is difficult.
• Over-dependence on Courts – Judiciary is stepping into policy-making, which ideally should be the role of legislature and executive.
• Lack of Expertise – Judges are not climate scientists; complex climate issues need technical expertise.
• Delay and Backlog – Even with NGT, environmental cases often take years to resolve.

Effective steps are needed to protect the climate

For the judiciary to be more effective in protecting the climate, certain steps are needed:

• Stronger enforcement of court orders through independent monitoring bodies.
• Greater use of scientific and expert inputs in climate cases.
• Integration of environmental education within the judicial system.
• Coordination between judiciary, legislature, and executive to avoid policy conflicts.
• Encouraging public participation in environmental litigation.

Conclusion

The Indian judiciary has played a historic and extraordinary role in protecting the environment and addressing climate change. From interpreting the right to life as including the right to a clean environment, to applying international environmental principles, the courts have shown remarkable creativity and courage. While challenges remain, the judiciary continues to act as a guardian of the climate, often stepping in when other organs fail.

In the age of climate crisis, the judiciary’s role will only grow more important. By balancing development with ecological sustainability, by recognizing climate justice as a constitutional right, and by holding polluters accountable, the Indian judiciary is not just protecting the present generation, but also safeguarding the future of humanity.

Bibliography:

• https://legalvidhiya.com/environmental-law-human-rights-perspective
• https:/legaldesire.com/15-landmark-judgments-on-environmental-protection
• https:/blog.ipleaders.in/fundamental-rights-for-environment-protection-through-the-lens-of-judicial-precedents
• https:/en.wikipedia.org/wiki/Environmental_law