Abstract

AbstractThis article covers the recent trends in climate change litigation in India, capturing the peculiarities of the Indian judicial system that lend it the will, ability, and credibility to accommodate emerging principles of climate change laws within the law of the land. While tracing the historical underpinnings of judicial activism, environmental considerations, and strength of democratic institutions, this Article discusses some of the current developments in climate change case law in the country. Finally, in showcasing an increasing and immersive trend towards the inculcation of international principles of environmental law, this article establishes the dichotomy between an active judicial system applying international environmental principles at the domestic level and the roadblocks in terms of climate litigation in the recent times.

Highlights

  • India is an important piece in the global climate puzzle

  • This article covers the recent trends in climate change litigation in India, capturing the peculiarities of the Indian judicial system that lend it the will, ability, and credibility to accommodate emerging principles of climate change laws within the law of the land

  • While tracing the historical underpinnings of judicial activism, environmental considerations, and strength of democratic institutions, this Article discusses some of the current developments in climate change case law in the country

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Summary

Introduction

“Vidya dadati vinayam” is an ancient Sanskrit phrase meaning knowledge leads to happiness. A significant responsibility of the fate of India—as the fate of the planet—rests on how the Indian Judiciary deals with the increasing climate change related cases. The Netherlands leads to sensitization of governments, citizens, and the private sector alike towards the threats of climate change, often beyond the result of the particular case In doing so, such strategic climate litigation creates awareness and knowledge capital in terms of causal nexus among actions and their environmental consequences, with the aim of producing policy or social change with respect to the issue.. The framework of how information travels across borders has changed as the digital world expands and the global societies amalgamate into one network of socially connected peers throughout the globe From such discourse, either on the substance or outcome of litigation, knowledge transpires through borders, both human and state, culminating into climate action. The judicial principles inculcated within the domestic legal systems have leaned on international legal principles of environmental law and benefitted from the expansion of the concepts of ‘standing.’ this article further discusses some important cases that shed light on the changing dynamics of climate litigation in India, discussing the not-ideal outcome of the youth led climate litigation, up till

The Indian Context
Contextualizing the Indian Judicial System
Role of the National Green Tribunal
Employment of International Environmental Law
Innovation in Climate Change Jurisprudence
Findings
The Future of Climate Litigation in India
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