Logo
International Journal of
Law
ARCHIVES
VOL. 12, ISSUE 2 (2026)
A journey of Indian Judiciary from ednvironmental protection to climate rights
Authors
Surender Pal, Dr.Vikas Kumar
Abstract
Climate Change is a burning issue in tshe present scenario and judiciary always keeps a sharp eye on every activity which pollutes our environment or elements which accelerates the climate change on the Globe. The Indian Judiciary has played a pivotal role in framing environmental governance, progressive approach in order to control air pollution to the recognition of climate change as constitutional concerned. The accelerating impacts of climate change have foregrounded the concept of the climate justice, demanding that legal systems address that not only environmental degradation but also the disproportionate burden borne by the vulnerable populations. 
Drawing on comprehensive analysis of landmark judgements -such as M.C Mehta v. Union of India (1996), Vellore Citizens’ Welfare Forum v. Union of India (1996) and recent Ganga water Dispute (2023)- the study highlights the court use of the Doctrine of Public Trust, the principle of sustainable development, and the right of life Under Article 21 of the Indian Constitution to impose environmental duties on the state and private actors. 
The paper argues that the Indian judiciary is uniquely postponed to bridge gaps left by legislative criteria, offering a dynamic platform for climate justice that integrates scientific evidence, human rights, norms, and socio-economic considerations. However, challenges persist, notable judicial capacity constraints, the need for specialized climate expertise, tension between judicial activism and separation of powers.

Download
Pages:295-300
How to cite this article:
Surender Pal, Dr.Vikas Kumar "A journey of Indian Judiciary from ednvironmental protection to climate rights". International Journal of Law, Vol 12, Issue 2, 2026, Pages 295-300
Download Author Certificate

Please enter the email address corresponding to this article submission to download your certificate.