Climate Change Litigation in India: Emerging Trends and Legal Strategies

Introduction

Climate change is no longer a distant threat; it is a present and growing crisis affecting every corner of the globe. In India, one of the most climate-vulnerable countries, the urgency to address environmental degradation and climate inaction has led to the rise of climate change litigation. While environmental jurisprudence has a long-standing history in India, climate-specific legal action is emerging as a dynamic and evolving field. Climate change litigation in India is emerging as a significant tool for environmental governance and accountability. As the impacts of climate change become increasingly evident—ranging from extreme weather events to rising sea levels—citizens, activists, and organizations are turning to the judiciary to push for stronger climate action and enforcement of environmental laws. Indian courts, particularly the National Green Tribunal (NGT), have been instrumental in addressing climate-related issues, interpreting constitutional rights in the context of environmental protection, and holding both public and private actors accountable. This evolving area of law reflects a growing recognition of the judiciary’s role in combating climate change and safeguarding sustainable development for future generations.

Emerging Trends in Climate Change Litigation

1. Climate Conscious Public Interest Litigations (PILs): Public Interest Litigations remain the most accessible legal tool for environmental justice in India. Recently, litigants have begun framing climate change not just as an environmental concern but as a violation of fundamental rights under the constitution. These PILs seek to hold the state accountable for failing to mitigate emissions, adapt to climate impacts, or enforce environmental laws.

   
   

2. Youth-led and Intergenerational Equity claims: Inspired by global movements, young Indians are beginning to approach courts, arguing that government inaction on climate change violates their right to life and threatens the rights of future generations. These cases invoke the principle of intergenerational equity, a concept well-established in Indian environmental jurisprudence.

   
   

3. Judicial Recognition of a Climate Science: Courts are becoming increasingly receptive to scientific data in climate cases. Petitioners are using climate models, reports from the Intergovernmental Panel on Climate Change (IPCC), and localized data to demonstrate state negligence and demand climate – responsive governance.

   
   

4. Linking Climate Risk to corporate Accountability: With the introduction of ESG (Environmental, Social, and Governance) norms and SEBI mandates, there is growing attention on how corporations disclose and manage climate-related financial risks. Strategic litigation is beginning to target high-emitting industries for their role in exacerbating climate change and failing to adopt clean transitions.

   
   

5. Regional and Community-Based Litigation: Litigants are now localizing climate impacts whether it’s sea-level rise in Coastal States like Kerala, glacier retreat in Uttarakhand, or urban heatwaves in Delhi.The intense heatwaves in Delhi serve to highlight the direct and significant impact of climate change on specific populations.

   
   

Key Legal Strategies in Indian Climate Litigation

1. Constitutional Arguments (Fundamental Rights): The Right to Life under Article 21 is central to climate cases, often interpreted by courts to include the right to a clean and healthy environment. Litigants argue that the failure of the state to take climate action violates their fundamental right.

2. Leveraging Environmental Statutes: Climate litigation often draws on well-established environmental laws such as: Environment (Protection) Act, 1986, Forest Conservation Act, 1980. These laws are used to argue for stricter enforcement of climate-smart policies and penalties for violations with high climate impact.

   
   

3. The NGT plays a vital role in environmental litigation in India. It has the authority to hear Cases involving substantial environmental questions and to grant relief, compensation, and orders for restitution. Litigants have increasingly turned to the NGT to seek rapid remedies for climate-linked environmental damage.

   
   

4. Incorporating International Commitments: Litigants often refer to India’s obligations under international frameworks such as the Paris Agreement and UNFCCC to assert that climate action is not just a policy choice but a legal commitment. Though not directly enforceable in Indian courts, these instruments influence judicial reasoning and public accountability.

   
   

Notable Cases and Developments

Case1: Ridhima Pandey V. Union of India (2017): A young climate activist filed a petition in the NGT seeking stronger implementation of India’s climate policies under the Paris Agreement.

Conclusion

Climate change litigation in India is transitional from traditional environmental activism to a rights based, science-informed, and globally aligned legal strategies. Court is becoming more open to recognizing climate risks, and citizens particularly the youth are stepping up to demand accountability.

As India moves forward with ambitious climate role in ensuring transparency, equity, and urgency in climate litigation in India not only serves as a check on Beyond state and corporate initiatives, it serves as a potent instrument for achieving environmental equity and fostering sustainable progress.Climate change litigation in India is emerging as a vital tool for promoting climate justice and accountability. Courts are increasingly recognizing environmental protection as a constitutional right, and litigants are using innovative legal strategies, including public interest litigations and principles like “polluter pays” and intergenerational equity. The trend shows a growing alignment with international climate obligations and a shift towards holding both government and corporations accountable. This evolving legal landscape reflects a stronger push for climate-responsive governance in India.

This article is authored by Shivani Singh, who was among the Top 40 performers in the Constitution Law Quiz Competition organized by Lets Learn Law.