CLIMATE JUSTICE IN INDIA: THE EVOLVING ROLE OF THE JUDICIARY IN ENVIRONMENTAL LITIGATION

Abstract

The escalating global climate crisis has led to a surge in climate change litigation, which has become a potent means of ensuring environmental responsibility and shaping policies worldwide. This research paper analyses the significant role of the Indian judiciary in tackling the urgent challenges posed by climate change, focusing on landmark cases and the development of legal frameworks. This study explores the intersection of judicial activism, public interest litigation, and rights-based approaches that highlight the judiciary’s dedication to environmental accountability. This paper examines key judicial decisions, illustrating how Indian courts have interpreted constitutional provisions and international principles to protect environmental rights and advance sustainable development. This paper seeks to enhance the current discussion on climate justice in India, highlighting the essential role of the judiciary in promoting a balanced strategy for development and conservation amid global environmental challenges. This article also conducts a comparative analysis of climate change litigation in India with other nations which have different legal traditions, environmental policies, and levels of climate vulnerability. This an analysis of significant cases and different judicial approaches, this research uncovers the intricate relationship between domestic legal systems, international commitments, and the impact of public interest litigation on the development of climate justice. Known for its dedication to upholding both domestic law and European Union environmental directives, the United Kingdom presents a unique perspective on the integration of climate commitments within a common law framework. This showcases the judiciary’s expanding role in addressing human rights issues related to climate change. India, on the other hand, highlights the significant role of public interest litigation in a developing country context. This article takes a close look at the procedural and substantive aspects of climate litigation in different jurisdictions while also exploring the wider implications for global climate governance. This article provides a comprehensive analysis on the way courts in these countries interpret scientific evidence, apply international environmental principles, and respond to the challenges of climate change amidst political and economic pressures. In addition, this research uncovers new trends, obstacles, and potential in climate litigation, suggesting a framework to improve judicial collaboration and promote a more unified global approach to climate justice.