Published On: September 19th 2025
Authored By: Aritra Ghosh
JRSET College of LAW
Abstract
Climate change litigation has emerged as a powerful tool for environmental advocacy and policy enforcement in India. This article examines the evolving landscape of climate litigation in the Indian legal system, analysing landmark cases, emerging legal strategies, and the judiciary’s response to climate-related challenges. Through a comprehensive review of recent jurisprudence, this study reveals how Indian courts are increasingly recognizing climate rights as fundamental rights, while also highlighting the challenges and opportunities that lie ahead for climate justice in India.
Introduction
The spectre of climate change looms large over India, a nation that houses nearly 18% of the world’s population while contributing only 7% of global greenhouse gas emissions.[1] Yet, India remains one of the most vulnerable countries to climate impacts, with rising sea levels threatening coastal communities, erratic monsoons disrupting agricultural patterns, and extreme weather events becoming increasingly frequent and severe. In this context, climate change litigation has emerged as a critical mechanism for holding governments and corporations accountable for their climate actions—or inactions.
Climate litigation, broadly defined as legal action that seeks to establish governmental or corporate liability or responsibility for climate change impacts, has witnessed remarkable growth globally. While the United States and Europe have traditionally led this movement, India’s contribution to climate jurisprudence has been steadily gaining momentum, reflecting the country’s unique constitutional framework and judicial activism tradition.
This article explores the emerging trends in climate change litigation within India’s legal landscape, examining how courts are interpreting constitutional provisions, statutory frameworks, and international commitments in the context of climate justice. Through an analysis of landmark cases and evolving legal strategies, we seek to understand how Indian climate litigation is shaping environmental governance and contributing to the global discourse on climate rights.
Constitutional Foundations for Climate Litigation in India
1. Fundamental Rights and Environmental Protection
The Indian Constitution, while not explicitly mentioning climate change, provides a robust foundation for climate litigation through its fundamental rights provisions. Article 21, guaranteeing the right to life and personal liberty, has been expansively interpreted by the Supreme Court to include the right to a clean and healthy environment.[2] This constitutional interpretation has become the cornerstone of environmental jurisprudence in India, including climate-related cases.
The landmark decision in Subhash Kumar v. State of Bihar[3] established that the right to live in a pollution-free environment is a fundamental right implicit in Article 21. Building upon this precedent, subsequent judgments have recognized that climate change poses a direct threat to the fundamental right to life, creating a constitutional mandate for state action on climate issues.
2. Directive Principles and Environmental Duties
Articles 48A and 51A(g) of the Constitution further strengthen the constitutional basis for climate action. Article 48A directs the state to protect and improve the environment, while Article 51A(g) imposes a fundamental duty on citizens to protect and improve the natural environment. These provisions create both state obligations and citizen responsibilities that can be legally enforced through climate litigation.
The Supreme Court’s interpretation of these constitutional provisions has evolved to encompass climate change concerns. In M.C. Mehta v. Union of India,[4] the Court emphasized that environmental protection is not merely a policy choice but a constitutional imperative, setting the stage for future climate litigation strategies.
3. Landmark Climate Cases: Shaping Indian Jurisprudence
A) The Urgenda Influence: Rights-Based Approaches
While India has not yet witnessed a case with the global impact of Urgenda Foundation v. State of Netherlands,[5] Indian courts have begun to embrace rights-based approaches to climate litigation. The influence of international climate jurisprudence is evident in the reasoning adopted by Indian courts, particularly in cases involving intergenerational equity and the precautionary principle.
B) Ridhima Pandey v. Union of India: A Young Voice for Climate Justice
One of the most significant climate cases in India involves Ridhima Pandey, who was nine years old when she filed a petition against the Union of India in the National Green Tribunal (NGT) in 2017.[6] Pandey argued that the government’s failure to take adequate action on climate change violated her fundamental rights and those of future generations.
While the NGT dismissed the petition on technical grounds, citing lack of specific relief sought, the case highlighted several important aspects of climate litigation in India. First, it demonstrated the potential for young plaintiffs to bring climate cases, following global trends of youth-led climate activism. Second, it raised questions about the justiciability of climate change issues and the appropriate forums for such cases.
C) Corporate Accountability: Coal Block Allocations and Environmental Clearances
Indian climate litigation has also targeted corporate activities contributing to greenhouse gas emissions. Cases challenging coal block allocations and environmental clearances for thermal power plants have increasingly incorporated climate change arguments alongside traditional environmental concerns.
The Supreme Court’s decision in Manohar Lal Sharma v. Union of India[7] regarding the cancellation of coal block allocations, while primarily focused on corruption and procedural violations, also touched upon environmental implications of coal mining. This case illustrates how climate considerations are beginning to influence judicial decision-making in resource allocation cases.
Emerging Legal Strategies and Trends
1. Rights of Future Generations
One of the most compelling strategies emerging in Indian climate litigation is the invocation of intergenerational equity. Drawing from the principle established in Minors Oposa v. Secretary of Environment[8] from the Philippines, Indian litigants are increasingly arguing that present-day climate inaction violates the rights of future generations.
This strategy faces unique challenges in the Indian context, including questions of standing, justiciability, and the appropriate standard of review for governmental climate policies. However, Indian courts’ tradition of judicial activism and their willingness to recognize new dimensions of fundamental rights provide a favourable environment for such arguments.
2. Science-Based Legal Arguments
Contemporary climate litigation in India is increasingly characterized by sophisticated scientific evidence and expert testimony. Cases now routinely include climate modelling data, emissions calculations, and scientific projections of climate impacts. This trend reflects the global evolution of climate litigation from broad policy arguments to precise, science-based legal claims.
The challenge for Indian courts lies in evaluating complex scientific evidence and determining the causal relationship between specific actions (or inactions) and climate harms. The development of judicial expertise in climate science will be crucial for the continued evolution of climate litigation in India.
3. Integration of International Climate Commitments
Indian climate litigants are increasingly leveraging the country’s international climate commitments, including its Nationally Determined Contributions (NDCs) under the Paris Agreement and various bilateral climate agreements. This strategy seeks to transform international political commitments into legally enforceable obligations through domestic litigation.
The legal basis for this approach rests on Article 51 of the Constitution, which directs the state to foster international peace and security. Courts are being asked to interpret this provision as requiring compliance with international climate commitments, though judicial responses have been mixed.
Institutional Framework: Courts and Tribunals
1. National Green Tribunal: Specialized Environmental Jurisdiction
The establishment of the National Green Tribunal (NGT) in 2010 created a specialized forum for environmental disputes, including climate-related cases.[9] The NGT’s mandate includes matters relating to environmental protection and conservation, providing a potentially suitable venue for climate litigation.
However, the NGT’s approach to climate cases has been cautious, often emphasizing the need for specific relief and concrete harm rather than broad policy challenges. This approach reflects institutional constraints and the tribunal’s focus on adjudicating specific environmental violations rather than systemic policy issues.
2. Supreme Court’s Evolving Role
The Supreme Court of India has traditionally played an activist role in environmental matters, and its approach to climate issues is evolving. While the Court has not yet delivered a comprehensive climate judgment comparable to international precedents, its environmental jurisprudence provides important foundations for future climate cases.
The Court’s willingness to issue mandatory directions to governments on environmental matters, as demonstrated in cases like M.C. Mehta v. Union of India,[10] suggests potential for similar activism in climate cases. However, the Court must balance judicial activism with separation of powers concerns, particularly given the policy-intensive nature of climate action.
Challenges in Indian Climate Litigation
1. Standing and Justiciability
Traditional doctrines of standing and justiciability pose significant challenges for climate litigation in India. Climate change impacts often involve diffuse harm affecting large populations over extended time periods, making it difficult to establish the direct injury typically required for standing.
Indian courts have shown flexibility in relaxing standing requirements for environmental cases, particularly through the doctrine of public interest litigation. However, climate cases often involve even more attenuated causal chains and broader temporal and geographic scales than traditional environmental disputes.
2. Separation of Powers Concerns
Climate litigation inherently involves courts in complex policy decisions traditionally reserved for the executive and legislative branches. Indian judges must navigate this separation of powers concerns while fulfilling their constitutional duty to protect fundamental rights.
The challenge is particularly acute in cases seeking to mandate specific climate policies or emissions targets. Courts must determine the appropriate scope of judicial intervention without overstepping their institutional role or expertise.
3. Attribution and Causation
Establishing causation between specific governmental or corporate actions and climate harms remains one of the most challenging aspects of climate litigation globally, and India is no exception. The global nature of climate change complicates efforts to attribute specific harms to particular actors or decisions.
Recent advances in attribution science provide new tools for establishing causal links, but Indian courts are still developing expertise in evaluating such evidence. The successful integration of attribution science into legal arguments will be crucial for the continued development of climate litigation in India.
Opportunities and Future Directions
1. Youth-Led Climate Movements
The growing youth climate movement in India presents significant opportunities for expanding climate litigation. Young plaintiffs bring unique moral authority and can effectively invoke intergenerational equity arguments. The success of youth-led climate cases globally provides both inspiration and legal precedent for Indian advocates.
2. Corporate Climate Litigation
As Indian corporations face increasing pressure to address their climate impacts, litigation targeting corporate climate conduct is likely to expand. Cases challenging inadequate climate disclosure, greenwashing, or failure to align business practices with climate commitments represent emerging frontiers for climate litigation.
3. Climate Adaptation and Loss and Damage
Future Indian climate litigation may increasingly focus on adaptation and loss and damage issues. As climate impacts become more severe and widespread, cases seeking compensation for climate harms or mandating adaptation measures are likely to emerge.
Comparative Analysis: Learning from Global Precedents
1. The Urgenda Model
The Dutch Urgenda decision, which required the government to reduce emissions by at least 25% by 2020, provides a potential model for Indian climate litigation. The decision’s reliance on human rights law and the government’s duty of care offers strategies applicable in the Indian context.
However, Indian litigants must adapt such approaches to India’s unique constitutional framework and development challenges. The balance between climate action and development needs requires careful legal argumentation tailored to Indian circumstances.
2. Rights of Nature Approaches
International developments recognizing the rights of nature, as seen in cases from Colombia and Ecuador, offer another potential avenue for Indian climate litigation. India’s spiritual and cultural traditions of environmental reverence could provide strong foundations for rights of nature arguments.
Recent Indian cases recognizing the rights of rivers, such as Mohd. Salim v. State of Uttarakhand,[11] suggest judicial openness to such approaches, though their application to climate change specifically remains to be developed.
Recommendations for Effective Climate Litigation Strategies
1. Forum Selection
Strategic forum selection remains crucial for climate litigation success in India. While the NGT provides specialized environmental expertise, the Supreme Court offers broader remedial powers and greater precedential value. State high courts may provide advantages in cases involving local climate impacts or state-level policies.
2. Relief Sought
Climate litigants should carefully craft the relief sought to balance ambition with judicial restraint. Requests for specific emissions targets may face separation of powers challenges, while demands for procedural compliance or impact assessment may prove more successful.
3. Expert Evidence
The integration of robust scientific evidence and expert testimony will be essential for future climate cases. Indian climate litigants should invest in developing relationships with climate scientists and economists capable of providing compelling expert evidence.
Conclusion
Climate change litigation in India stands at a critical juncture. While the field remains in its infancy compared to more developed jurisdictions, the constitutional foundations, judicial traditions, and growing climate awareness create favourable conditions for expansion. The emerging trends examined in this article—rights-based approaches, intergenerational equity arguments, and science-based legal strategies—reflect the global evolution of climate litigation while adapting to India’s unique legal and developmental context.
The challenges facing Indian climate litigation are significant, from traditional barriers of standing and justiciability to complex questions of causation and institutional competence. However, these challenges also represent opportunities for legal innovation and judicial leadership. As climate impacts intensify and public awareness grows, Indian courts will increasingly be called upon to define the scope of constitutional climate rights and governmental climate obligations.
The future of climate litigation in India will likely be shaped by several key factors: the willingness of Indian courts to embrace expansive interpretations of constitutional rights, the development of judicial expertise in climate science, and the ability of litigants to craft legally compelling arguments that balance climate urgency with institutional constraints.
As this article has demonstrated, Indian climate litigation is not merely following international trends but contributing unique perspectives to global climate jurisprudence. The integration of constitutional fundamental rights with international climate commitments, the consideration of development needs alongside climate action, and the application of traditional environmental law principles to novel climate challenges all represent distinctly Indian contributions to the global climate litigation movement.
Looking ahead, the success of climate litigation in India will ultimately depend not just on legal victories in individual cases, but on the broader contribution of litigation to climate governance, public awareness, and political accountability. As courts, advocates, and civil society continue to develop this emerging field, climate litigation in India has the potential to become a powerful force for climate justice, both domestically and globally.
The journey toward effective climate litigation in India is just beginning, but the foundations are strong, the need is urgent, and the opportunities for legal innovation are immense. The emerging trends and strategies examined in this article provide a roadmap for that journey, while acknowledging that the ultimate destination—a just and effective legal response to the climate crisis—remains a work in progress.
References
[1] Ministry of Environment, Forest and Climate Change, Government of India, Third National Communication to the United Nations Framework Convention on Climate Change (2018).
[2] Francis Coralie Mullin v. The Administrator, Union Territory of Delhi, AIR 1981 SC 746.
[3] Subhash Kumar v. State of Bihar, AIR 1991 SC 420.
[4] M.C. Mehta v. Union of India, AIR 1987 SC 1086.
[5] Urgenda Foundation v. State of Netherlands, ECLI:NL:HRDG:2018:2610 (2018).
[6] Ridhima Pandey v. Union of India, Application No. 187/2017, National Green Tribunal, Principal Bench, New Delhi.
[7] Manohar Lal Sharma v. Union of India, (2014) 9 SCC 516.
[8] Minors Oposa v. Secretary of the Department of Environment and Natural Resources, G.R. No. 101083, Supreme Court of Philippines (1993).
[9] The National Green Tribunal Act, 2010, Act No. 19 of 2010.
[10] M.C. Mehta v. Union of India (Vehicular Pollution Case), (2002) 4 SCC 356.
[11] Mohd. Salim v. State of Uttarakhand, Writ Petition (PIL) No.126 of 2014, High Court of Uttarakhand (2017).
