Environmental Law and Climate Litigation in India

Environmental protection has become one of the most critical legal issues in modern India. As the country faces rising temperatures, worsening air quality, frequent floods, and declining biodiversity, environmental law has undergone rapid transformation. Courts, tribunals, policymakers, and corporations are increasingly expected to respond to the urgent threat of climate change.

In recent years, India has witnessed a surge in climate litigation, cases where individuals, NGOs, or communities seek legal remedies for climate-related harm. This article explores the key developments in India’s environmental law landscape, including the recognition of climate rights as fundamental rights, recent decisions of the National Green Tribunal (NGT), corporate environmental liability, and the growth of green energy policies.

Climate Rights as Fundamental Rights

Indian courts have played an influential role in shaping environmental law. One of the most significant developments has been the recognition of climate rights as part of fundamental rights guaranteed under the Constitution.

Right to Life and Environment

Article 21 of the Constitution guarantees the right to life and personal liberty. Courts have repeatedly expanded this right to include:

• The right to clean air

• The right to safe drinking water

• The right to live in a pollution-free environment

• The right to ecological balance

• The right to be protected from climate harms

Key Judgments

The Supreme Court, in multiple cases such as M.C. Mehta v. Union of India (various environmental issues) and Subhash Kumar v. State of Bihar (1991) held that pollution-free water and air are essential components of Article 21.

More recently, constitutional courts have begun explicitly linking climate change to fundamental rights. In a 2024 decision, the Supreme Court emphasized that climate resilience and protection from extreme weather events are integral to the right to life. High Courts, including Madras and Delhi, have also recognized that climate change threatens constitutional rights, especially of vulnerable communities. This shift indicates that climate protection is no longer seen as just a policy choice it is now a constitutional obligation for the government.

Recent NGT Decisions Strengthening Environmental Governance

The National Green Tribunal (NGT) has been a driving force in India’s environmental jurisprudence since its establishment in 2010. Known for its speed and technical competence, the NGT has delivered several crucial decisions in recent years.

1. Strict Action Against Industrial Pollution

The NGT has imposed heavy penalties on industries violating environmental rules. In multiple cases from 2022–2024, the tribunal ordered:

• Closure of units dumping untreated waste

• Fines for contaminating groundwater

• Restoration measures under the “polluter pays” principle

These decisions have pushed industries to adopt better environmental practices.

2. River and Wetland Protection

The NGT has passed strong directions for cleaning rivers such as the Yamuna, Ganga, and Hindon. It also ordered strict monitoring of lakes and wetlands to prevent encroachment.

3. Noise and Urban Pollution

In cases involving construction dust, vehicular pollution, and noise levels, the tribunal has demanded continuous monitoring and imposed penalties on violators. Urban local bodies have been directed to prepare Air Quality Management Plans for polluted cities.

4. Climate-Related Directions

The NGT has recently taken up issues connected to climate change, such as:

• Loss of forest cover

• Heat island effects in cities

• Poor implementation of climate action plans

These decisions reflect the tribunal’s growing recognition that environmental protection and climate action are deeply linked.

Corporate Environmental Liability: A Rising Trend

Corporations are increasingly being held accountable for environmental harm. Indian law imposes liability on companies under several frameworks:

1. Polluter Pays Principle

This principle, recognized by the Supreme Court, requires companies to compensate for environmental damage and pay for restoration of the affected area. The NGT frequently applies this principle when calculating environmental compensation.

2. Corporate Criminal Liability

Under environmental statutes such as:

• The Environment Protection Act, 1986

• The Water Act, 1974

• The Air Act, 1981

Companies, as well as their directors and managers, can face:

• Fines

• Imprisonment

• Closure orders

3. ESG (Environmental, Social, Governance) Compliance

With global pressure on sustainability, Indian companies are now required to disclose environmental performance under Business Responsibility and Sustainability Reporting (BRSR) norms issued by SEBI.

4. Climate-Related Litigation Against Companies

There is increasing legal pressure on corporations to:

• Reduce carbon emissions

• Prevent industrial disasters

• Report climate risks

• Follow cleaner, renewable practices

For example, lawsuits filed in India against industries for groundwater contamination, toxic leaks, and air pollution show a shift toward corporate climate accountability.

Green Energy Policies and India’s Climate Commitments

India is one of the world’s fastest-growing renewable energy markets. Legal and policy frameworks are changing rapidly to push the country toward a low-carbon future.

1. National Solar and Wind Missions

India has ambitious targets:

• 500 GW of renewable energy capacity by 2030

• Significant expansion of solar parks and offshore wind projects

Government schemes provide subsidies, tax benefits, and production-linked incentives for clean energy growth.

2. Hydrogen Policy

India introduced the National Green Hydrogen Mission, promoting cleaner alternatives for industries like steel, cement, and transportation.

3. Electric Vehicle (EV) Policies

The FAME scheme encourages electric mobility through:

• Purchase subsidies

• Charging station infrastructure

• Tax benefits for EV buyers

4. State-Level Climate Action Plans

Many states have released climate action plans focusing on:

• Renewable energy

• Afforestation

• Water conservation

• Urban climate resilience

5. Carbon Markets

Recent amendments to India’s framework for carbon trading aim to create a regulated carbon credit market, enabling companies to balance emissions with reduction efforts.

Conclusion

Environmental law in India is rapidly evolving in response to climate change. Courts are expanding fundamental rights to include climate protection, while the NGT continues to deliver impactful decisions strengthening environmental governance. Corporations face growing scrutiny for environmental performance, and India’s green energy policies highlight the country’s commitment to sustainable development.

As climate risks grow, litigation will play an even more important role. The future of environmental law in India lies in stronger enforcement, greater transparency, climate-sensitive policymaking, and active participation from citizens, industries, and institutions. Together, these efforts can help India build a cleaner, safer, and climate-resilient future.