Right against climate change a distinct fundamental and human right, SC judgment

Supreme Court recognizes fundamental right against climate change, linking it to Articles 21 and 14, emphasizing solar power transition in India.

The Supreme Court has recognised a much-felt, but less articulated right against the adverse effects of climate change as a distinct fundamental right in the Constitution.

“It is yet to be articulated that the people have a right against the adverse effects of climate change. This is perhaps because this right and the right to a clean environment are two sides of the same coin. As the havoc caused by climate change increases year-by-year, it becomes necessary to articulate this as a distinct right. It is recognised by Articles 14 (right to equality) and 21 (right to life),” the Supreme Court observed in a judgment released on April 6.

The judgment came in a case connected with the survival of the endangered Great Indian Bustard species.

Watch | Why is the Great Indian Bustard endangered?

An order was pronounced in open court on March 21, constituting an expert committee to examine the problem faced by the bird species whose natural habitat and flight routes collide with power transmission lines in Gujarat and Rajasthan.

The case had been posted for further hearing in August 2024. However, the court, unannounced, uploaded a judgment during the weekend. The text of the judgment mainly focuses several paragraphs on climate change and its adversities.

Linking the right against climate change to Articles 21 and 14, Chief Justice Chandrachud said the rights to life and equality cannot be fully realised without a clean, stable environment.