Published on: 31st October 2025
Authored by: Nandini Agarwal
Bharati Vidyapeeth University
ABSTRACT
Climate change litigation involves using legal action to address climate change issues and the method through which government and corporation can be held accountable for their actions impacting climate change. Globally, we can see a rise in the number of cases being filed addressing this issue and India is no such exception. Indian judiciary have given importance to the issue of climate change under environmental litigation and thus, paved the way to raise our voices on the topic of climate change litigation. There has been a growing awareness on the climate change issue and increasing number of climate change litigation in India, as the environmental change give rise to serious dangers such as it threatens human health, biodiversity etc.
In this article I’ll be further discussing about what is climate change litigation, climate change, causes of climate change, growing trends in climate change litigation, some landmark judgments. I will be further discussing about the steps taken by India to mitigate climate change, role of judiciary and National Green Tribunal, use of constitutional provisions and environmental statues. This article also evaluates the recent cases, use of PIL, and NGT orders. This article will also include a comparative study of India and Global climate change litigation where I’ll be discussing about the steps taken worldwide to curb the topic of climate change.
INTRODUCTION
1.1What is climate change litigation, climate change and causes of climate change?
Climate change litigations refers to the use of legal actions to address the issue of climate change and the means of holding the government and corporations liable for their actions that impacts climate change. Climate change refers to the significant long term change in the global climate.[1]
Climate change in the recent days is causing various problems such as abrupt rise in the temperature of the Earth, melting of glaciers, rise in the sea levels which increases a risk of floods, wild fires, threat to human life and biodiversity loss, sudden and unexpected rainfalls.
Emission of greenhouses gases and global warming are the main evils causing this sudden climate change. Greenhouse gases such as carbon dioxide (CO2) traps more heat in the Earth’s atmosphere which causes the average Earth’s temperature to rise and this ultimately results in the abrupt climate change. Global warming is the slow increase in the average temperature of the Earth’s atmosphere because an increased amount of energy (heat) striking the Earth from Sun is being trapped in the atmosphere and not radiated out into space.[2] Though the Earth’s atmosphere has always acted as greenhouse to trap the heat to ensure the emergence of life in the primitive era but the in the modern days with the emergence of large industries, burning of fossil fuels, cutting of trees at such a rapid scale adds to the amount of the greenhouse gases that is naturally occurring in the atmosphere thereby, causing global warming increasing the greenhouse effect. Without the atmosphere the earth would be very cold but the presence of atmosphere because of greenhouses gases occurring naturally Earth became a habitable planet but nowadays because of global warming a glass like reflective surface is installed in the wrong way that traps all the heat and increasing the Earth’s temperature way higher that is required.
1.2 Effects of climate change globally and in India
- a) Ocean De-oxygenation
In the recent years due to climate change and extreme human interference with the nature there has been a decline in oxygen levels in the world’s ocean. The decline in the ocean’s oxygen level is roughly by 2% between 1960 and 2010; a study by International Union for Conservation of Nature (IUCN) has identified 700 low oxygen zones, up from 45 in 1960s.[3] Result of depletion in oxygen levels can be very fatal to the aquatic life as low oxygen levels threatens to larger animals such as tuna, sharks etc.
- b) Earth is trapping twice as much heat
As a result of the greenhouse gases emission Earth is now trapping heat at a very high rate that it is unprecedented.
- c) Effect of climate change in India
As a result of climate change India is becoming one of the most vulnerable countries due to climate change impact. One of the major concerns is extreme heat and heat stress which is said to be emerging due to rapid changes in the ocean temperature along with more heat retention in the Earth’s atmosphere. Second issue that India is facing in unseasonal rainfall and very frequent heavy rain falls in the western parts of the country. [4]
1.3 Litigation as a crucial climate governance tool in India
With the rising climate change problems and to mitigate the climate change problems Indian judiciary have played a pivotal role in addressing issues related to the environment protection and human rights. When the legislature fails to address any issue or broaden the horizon of a particular issue concerning human life then the judiciary steps into the picture. The role of judiciary in environment protection is observed when the “Article 21 right to life and personal liberty” [5]was expanded to included environment. International laws, Public Interest Litigation, tort law have also played an important role in dealing with the environmental issues. The Indian judiciary is required to take possible steps to curb and mitigate the problem climate change as India is one of the most vulnerable country to be impacted by the climate change.
1.4 Constitutional and legal framework to address the issue of climate litigation in India
As we know that our Constitution is a living document that evolves with the growing demands and need of the society from time to time. Our constitution is neither too rigid nor too flexible and due to this it can amended and altered from time to time. Thus, our constitution having specific provisions concerning with the environment protection incorporated in the constitution is a result of this versatile nature of the constitution.
Article 21of the Constitution of India that states that “no person shall be deprived of their right to life and personal liberty except according to the procedures established by law.”[6] Right to healthy environment is an important attribute of the right to life and this was for the very first time observed in the case of Rural Litigation and Entitlement Kendra vs. State, (Popularly known as Dehradun Quarrying Case), this case involved issues relating to environment and ecological balance in which Supreme Court directed to stop the excavation (illegal mining) under the Environment (Protection) Act, 1986.[7]
In the case of Cooverjee B. Bharucha v. Excise commissioner, Ajmer (1954, SC 220) the Hon’ble Supreme court while deciding the matter of carrying on trade of liquor observed that if there is a clash between environment protection and right to freedom of trade and occupation, the courts have to balance environmental interests with the fundamental rights to carry on any occupations.[8]
In Vellore Citizens Welfare Forum vs. Union of India, the Court observed that “the Precautionary Principle” and “the Polluter Pays Principle” are essential features of “Sustainable Development.”[9]
Public interest litigation under article 32 and 226 of the Constitution have played a crucial role in paving a path in the environmental litigation matter. Such as a leading case law of MC Mehta v UOI decided by J. PN Bhagwati was filed under article 32 of the Constitution as a PIL in the Supreme Court of India. The judgment of the popular case of MC Mehta v Union of India after the incident of dangerous Bhopal Gas Tragedy in 1984, brought reforms in the constitution and as how to companies dealing with hazards chemicals should work. The court in this case moved beyond the principles of strict liability and gave the concept of absolute liability for the industries involved in working with hazards substances. It held that such industries should bear absolute and non delegated duty to ensure the safety of the community. The court in this case also held that the right to live in pollution free environment is a part of fundamental right to life under Article 21 of the Constitution.[10]
Article 51-A (g) provide under Part IV A Fundamental duties lays down the duty of every citizen of India environment, says that “It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures.”[11]
The directive principles that deals with building a welfare state, environment protection, healthy environment also lies under the category of welfare protection. Article 48 -A of the constitution says that “the state shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country”.[12]
1.5 International commitments towards climate change
Ever since the issues relating to the climate change have came to the knowledge of the people there have been many steps that are taken to address the problem of climate change and find the solutions to mitigate the damage caused to the environment and to take necessary steps towards environment protection. Most of the countries are working to solve this problem from their end in their respective countries. Along with taking individual steps the countries also take part in International Environment Agreements to monitor and maintain the health of the environment.
“Some of these important agreements are as follows:
- Convention for the protection of the Ozone layer, 1985 (Vienna Convention) – It is a treaty for reducing and eliminating manufacture and the use of gases that destroy Ozone Layer in the Earth’s atmosphere.[13]
- Montreal Protocol, 1987 – It established a target to reduce and eventually eliminate the production and consumption of substances that cause ozone depletion.[14]
- Kyoto Protocol, 1997- Under this protocol, an agreement was made between each party to implement and further elaborate policies and measures in accordance with its national circumstances, such as – Measure to limit and/or reduce emission of greenhouse gases not controlled by Montreal Protocol and limitation/reduction of methane emission through recovery and use in waste management.[15]
- Paris Treaty, 2015 – It is an international agreement negotiated by 196 nations at UNCCC at Paris that targeted climate change mitigation, adaptation and finance.[16]
1.6 Comparative Analysis: India and Global Climate Litigation
Though India is addressing the topic of climate change and dealing with the solutions to mitigate the climate change through climate litigation but it has still not evolved as much as it has progressed in countries like United States and European Nations. The recent global climate change litigation can be observed through some case laws.
- In the case of Gloucester Resources Limited v Minister for Planning, Preston, CJ refuse the appeal and held that the exploitation of the coal resources in the Gloucester Valley would not be a sustainable use and would cause substantial environmental and social harm. The Project would have high visual impact over the life of the mine of about two decades. [17]
- In the case of Urgenda Foundation v. State of the Netherlands, The court concluded that the state has a duty to take climate change mitigation measures due to the “severity of the consequences of climate change and the great risk of climate change occurring.” This is the first decision by any court in the world ordering states to limit greenhouse gas emissions for reasons other than statutory mandates.[18]
- In the landmark case of Massachusetts v. Environmental Protection Agency (2007) regarding the EPA’s authority to regulate greenhouse gas emissions under the Clean Air Act. The Supreme Court ruled that the EPA does have the power to regulate greenhouse gases and that the agency’s refusal to do so, based on policy reasons, was not permissible under the law.[19]
These case laws prove that the problem of climate change is a global problem that needs to be solved both at international as well as individual level through international environment agreements and at individual level by some necessary steps taken by government and the judiciary of the countries facing this problem. Increase in climate change litigation shows the inclusion of the judiciary to solve the issue of environment change.
CONCLUSION
The increasing number of climate change litigation the role of judiciary is very crucial and important to combat the problem of climate change and to lay down steps to be taken to prevent the environment degradation. The issue of climate change can be observed at an international level along with the increasing role of judiciary towards solving this issue. Various steps are being taken by India judiciary such widening the scope of environment protection in the Constitution of India to combat the problem of climate change in recent years. Similarly many steps are taken at the international level such as Montreal Protocol, Kyoto Protocol, Paris Agreement, etc where the countries come together and agree on various measures to be taken to prevent further environment deterioration and set a goal to achieve it. With this article I tried to explain what is climate change, effect of climate change, what is climate change litigation, role of judiciary to mitigate climate change issues, international agreements to deal with the problem of climate change.
[1] Mammen Mathew et al, Manorama Yearbook, (Malayala Manorama Press 2022)
[2] Ibid
[3] Ibid
[4] Ashutosh Mishra, ‘Shift in rain patterns, weather big concerns as climate change hits India’ India Today (May 27, 2025) < https://www.indiatoday.in/environment/story/shift-in-rain-patterns-weather-big-concern-as-climate-change-hits-india-2731225-2025-05-27> accessed 20 June 25
[5] Constitution of India 1950, art 21
[6] Ibid
[7] Rural Litigation and Entitlement Kendra vs. State (1988) SC 2187
[8] Cooverjee B. Bharucha Vs Excise commissioner (1954) SC 220
[9]Vellore Citizens Welfare Forum vs. Union of India (1996) 5 SCC 647
[10] M.C. Mehta vs. Union of India (1987) SC 1086
[11] Constitution of India 1950, art 51-A (g)
[12] Ibid
[13] The Vienna Convention for the Protection of the Ozone Layer 1985, art 2
[14] Montreal Protocol on Substances that Deplete the Ozone Layer 1987, art 2
[15] Kyoto Protocol to the United Nations Framework Convention on climate change 1998, art 2
[16] Paris Agreement 2015
[17] Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7
[18] Urgenda Foundation v. State of the Netherlands, [2015]
[19] Massachusetts v. EPA [2007] 549 U.S. 497
