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The Constitutionalization Of Climate Justice: A Critical Analysis Of M.K. Ranjitsinh V. Union Of India (2024) And The Emergence Of The Right Against The Adverse Effects Of Climate Change




Aniruddh Sachin Bajaj, Gujarat National Law University, Gandhinagar

Rishish Singh, Gujarat National Law University, Gandhinagar


ABSTRACT


The intersection of environmental protection, wildlife conservation, and climate change mitigation represents one of the most complex jurisprudential challenges of the twenty-first century. For decades, the Indian higher judiciary has expanded the scope of Article 21 of the Constitution of India to encompass the right to a clean and healthy environment. The accelerating crisis of global warming has demanded a decisive shift from traditional environmentalism toward a distinct framework of climate justice. In M.K. Ranjitsinh v. Union of India (2024 INSC 280), the Supreme Court of India constitutionalized the right to be free from the adverse effects of climate change, anchoring it in both Article 14 (right to equality) and Article 21 (right to life). This ruling emerged from an unprecedented factual matrix pitting the conservation of the critically endangered Great Indian Bustard against India's international commitments to transition toward renewable solar energy.


This paper critically analyses the Ranjitsinh judgment, examining the historical evolution of environmental jurisprudence in India, the development-environment dichotomy, and the State's positive obligations to mitigate climate-induced harm. By assessing the integration of international environmental frameworks including the United Nations Framework Convention on Climate Change and the International Solar Alliance into domestic constitutional law, this paper argues that the Supreme Court has transformed climate change from a policy issue into an actionable constitutional mandate. The paper further examines the implications of this newly recognized right for vulnerable populations, particularly regarding climate-induced displacement and the absence of a dedicated legislative framework. Through the lens of transformative constitutionalism, this research contends that the Ranjitsinh decision establishes a formidable precedent balancing ecological preservation with sustainable development while imposing rigorous State accountability in the face of the existential threat posed by climate change.


Keywords: Article 21, Climate Justice, Constitutional Rights, Environmental Jurisprudence, Great Indian Bustard, Right Against Adverse Effects of Climate Change, Transformative Constitutionalism, Climate- Induced Displacement, Paris Agreement, Renewable Energy.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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