Emerging Trends in Climate Litigation and Constitutional Rights in India

Abstract

In 2023, climate litigation in India underwent significant doctrinal and institutional development, with courts increasingly articulating environmental protection as a constitutional mandate. Although the formal recognition of climate rights under Article 21 occurred in 2024, the intellectual and jurisprudential foundation for this development was firmly established in 2023 through sustained judicial activism, the strategic use of public interest litigation, and rights-oriented interpretations of environmental law. This paper analyses how Indian courts in 2023 broadened constitutional jurisprudence to respond to the challenges of climate change, with particular emphasis on Article 21 (Right to Life), Article 14 (Right to Equality), and the principle of intergenerational equity. It examines significant judicial decisions, doctrinal innovations, and emerging adjudicatory trends that collectively positioned the Indian judiciary as a central actor in the governance of climate change.