Beyond The Right To Life: Climate Justice And The Constitutionalisation Of Environmental Rights Under Article 21 Of The Constitution Of India
- IJLLR Journal
- 5 minutes ago
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Priyanshu Mehta, Presidency University, Bengaluru
Radhika Sah, Kristu Jayanti (deemed to be university), Bengaluru
ABSTRACT
A key turning point in the history of constitutional law in India is the creation of environmental rights within the scope of the right to life guaranteed by Article 21 of the Constitution of India. Through purposive and liberal interpretations of Article 21, the Supreme Court of India has succeeded in transforming the protection of environment from being a constitutional principle to becoming a right, which can be availed of through judicial process. Principles such as sustainable development, precautionary principle, polluter pays principle, intergenerational equity and public trust doctrine have been given constitutional validation.
Through judicial decisions regarding the protection of environment, the principles of environmental constitutionalism have received recognition within the Constitution of India. With environmental degradation, climate change and ecological inequities becoming more widespread than ever, the discourse has now moved from environmental protection to climate justice. In the recent judgment of the Supreme Court of India in M.K. Ranjitsinh v. Union of India (2024), by observing that protection against the impacts of climate change comes from Articles 14 and 21 of the Constitution, there emerges another landmark decision on the constitutional recognition of environmental rights, beyond environmental safety.
The present paper will look at the development of environmental rights under Article 21 and explain how climate justice has been constitutionalised through judicial interpretations, and analyse the relationship between constitutional provisions, environmental law and international commitments of India in the area of climate change.
This paper will also discuss the challenges posed by developmental approach, institutional/implementation difficulties and absence of a clear cut right to a healthy environment within the Constitution of India. While it is true that judiciary has played an innovative role in developing environmental rights, effective governance of climate justice requires legislation in future. This paper will show that the constitutionalisation of environmental rights through Article 21 has altered the meaning of right to life itself in India and has made climate justice an indispensable part of constitutional governance and sustainable development in the 21st century.
Keywords: Article 21; Environmental Rights; Environmental Constitutionalism; Climate Justice; Right to a Healthy Environment; Sustainable Development; Judicial Activism; Fundamental Rights; Environmental Governance; Constitution of India.
