IAS Gyan

Daily News Analysis

Climate Right

3rd July, 2024 Environment

Climate Right

Source: The Hindu

Disclaimer: Copyright infringement not intended.


  • Recently the SC recognized a constitutional right to be free from the adverse effects of climate change.
  • The Ranjitsinh judgment extends discussions on the need for systematic climate governance and potential legislation.


Key Points

  • Judgment Overview:
    • Supreme Court's judgment in K. Ranjitsinh and Ors. vs Union of India & Ors. introduces the right to be free from climate change's adverse effects which was embedded in the right to life (Article 21) and equality (Article 14).
  • Background:
    • Whether electricity transmission lines could be built through the habitat of the critically endangered Great Indian Bustard, the apex court has prioritized renewable energy infrastructure to address climate change.
  • New constitutional right against adverse climate change impacts, potentially leading to climate litigation and citizen demands for government protection.
  • Judicial Approach vs. Legislation:
    • Judicial decisions may create an incomplete patchwork of protections while comprehensive climate legislation could offer a more systematic approach.
  • Legislation Benefits:
    • Framework legislation can set visions, create institutions, enable adaptation measures, protect ecosystems and integrate social equity in climate action.
  • Indian Context:
    • New Legislation must be customized to India by emphasizing both low-carbon and climate-resilient development, unlikely the UK's carbon-focused regulatory laws.
  • An enabling law should create institutions, processes and standards for integrating climate change considerations across sectors, promoting public participation and expert consultation.
  • The law must balance national coherence with state and local empowerment by providing information and finance for effective climate action.
  • Legislation should enable contributions from businesses, civil society and communities thereby ensuring diverse knowledge informs climate resilience and energy transition efforts.


The Hindu


Q. Evaluate the need for comprehensive climate legislation in India in light of the Supreme Court's recognition of the 'climate right' in the M.K. Ranjitsinh judgment. What should be the key components of such legislation to address both mitigation and adaptation measures effectively?