Climate Litigation Post-M.K. Ranjitsinh 2024: Right to be free from climate change impacts as part of Article 21

Abstract

The landmark decision of the Supreme Court of India in M.K. Ranjitsinh v. Union of India (2024) introduced a paradigm shift in Indian environmental jurisprudence that shifted climate policy from the discretion of the Executive to the realm of human rights, thereby rendering it enforceable through the legal framework. This "right to be free from the adverse effect of climate change" is an independent constitutional right that is clearly established by the Ranjitsinh verdict. The Indian courts have hitherto interpreted the "right to the environment" as part of the Right to Life guaranteed by Article 21. This article looks at the evolution of climate litigation in India since 2024 to better gauge the scope of judicial review in climate cases involving the use of environmental clearance and carbon governance. The Supreme Court has indeed provided them with a vital legal instrument to counter the huge socio-economic vulnerability faced by them with the concept of Climate Resilience under Articles 21 (Right to Life) and 14 (Right to Equality). The decision of this court however does bring a juxtaposition – the difficulty in balancing the localised focus on biodiversity conservation, such as the conservation of the critically endangered Great Indian Bustard, with a push for renewables, such as building solar infrastructure. This paper explores whether a comprehensive Climate Change Act has been absent, how the judiciary has been filling this gap; a doctrinal approach and an analysis of newly developed post-2024 cases is used. It examines its implication(s) for inter-generational equality, statutory carbon budgeting, and state accountability. So, the paper concludes that while the concept of climate constitutionalism is new, it awaits the establishment of stringent requirements of demonstration of climate injustice and the establishment of robust institutionalised administrative structures to safeguard 'climate justice' in reality.