CLIMATE CHANGE: Ranjitsinh Judgment A New Dawn

Ranjitsinh Judgment: A New Dawn for Indian Climate Jurisprudence !

TONOY CHAKRABORTY

On March 21, 2024, the Supreme Court of India delivered a landmark judgment in M.K. Ranjitsinh and Others v. Union of India and Others, establishing a new constitutional right to be free from the adverse effects of climate change.

This decision, presided over by a three-judge bench led by Chief Justice D.Y. Chandrachud, has far-reaching implications not only for Indian environmental law but also for global climate litigation. It represents a critical moment for climate justice, especially in the context of developing nations grappling with both economic growth and environmental sustainability.

Ranjitsinh Judgment: A New Dawn for Indian Climate Jurisprudence and Human Rights

The judgment marks a significant evolution in India’s legal landscape, intertwining environmental protection, climate change, and human rights. However, while the ruling opens the door to a new era of climate litigation, it also raises important questions about its practical implementation, particularly in terms of balancing development and environmental goals.

Context and the Bird that Brought the Case to Court

At the heart of the case is the Great Indian Bustard (GIB), a critically endangered bird species teetering on the brink of extinction. Overhead power transmission lines in the bird’s habitat pose a direct threat to its survival, prompting M.K. Ranjitsinh, a wildlife activist, to file a writ petition under Article 32 of the Indian Constitution. The petition sought protection for the GIB by preventing the installation of further overhead power lines in the area.

In response, the Supreme Court had previously issued an interim judgment in 2021, ordering the conversion of overhead power lines to underground lines in certain regions. However, several government ministries later sought a modification of this order, bringing the case back to the Supreme Court for review.

The Court’s final judgment, delivered in 2024, took an unexpected and groundbreaking turn. Rather than merely addressing the immediate issue of power lines, the Court used the case as a platform to delve into India’s broader obligations under the Paris Agreement and its commitments to combat climate change. This approach allowed the Court to engage with a range of climate-related issues, ultimately leading to the recognition of a new fundamental right.

The Creation of a New Climate Right

The most significant aspect of the Ranjitsinh judgment is the Supreme Court’s formulation of a constitutional right to be free from the adverse effects of climate change. This right is anchored in two key provisions of the Indian Constitution:

Article 21, which guarantees the right to life and personal liberty, and Article 14, which enshrines the right to equality.

By invoking these provisions, the Court linked the new climate right to the previously established right to a clean and healthy environment. It went further by recognizing that certain communities—such as indigenous groups, women, low-income households, and those living in vulnerable geographical areas—are disproportionately affected by climate change.

This recognition-based approach to climate justice highlights the unequal vulnerabilities faced by different groups, reinforcing the need for a rights-based framework to address climate change impacts.

In doing so, the Supreme Court of India has taken a bold step that aligns with global trends in climate litigation. Courts in other countries, including the Netherlands, Germany, and Colombia, have similarly recognized the intersection of human rights and climate change. The Ranjitsinh judgment adds India to this growing list of nations where climate litigation is being used as a tool to enforce both domestic and international climate commitments.

A Balancing Act: Climate, Development, and Conservation

One of the key challenges the judgment addresses is the tension between India’s climate goals and its development objectives. As one of the world’s fastest-growing economies, India is committed to achieving net-zero emissions by 2070. Renewable energy, particularly solar power, is central to this strategy.

However, large-scale renewable energy projects often come with their own set of ecological and human rights concerns, particularly when they are implemented without sufficient consideration of local environmental impacts.

The Ranjitsinh judgment reflects this tension. While the Court recognized the need to protect endangered species like the GIB, it ultimately ruled that a blanket prohibition on overhead power lines was not feasible. Instead, it called for a more nuanced approach, balancing the conservation of biodiversity with the imperative of transitioning to renewable energy.

The Court’s decision to form an Expert Committee to assess the feasibility of both overhead and underground power lines demonstrates its intention to seek this balance. However, the ruling has been criticized for being overly anthropocentric, placing human interests—specifically those related to energy infrastructure—above the protection of vulnerable species.

This approach risks undermining the very principles of ecocentric law that the Indian judiciary has championed in the past, where the rights of nature itself have been recognized.

Gaps and Limitations of the Judgment

Despite its many strengths, the Ranjitsinh judgment is not without its shortcomings. First and foremost, the judgment’s focus on renewable energy infrastructure as the primary solution to climate change leaves little room for other essential measures, such as adaptation strategies. In a country as diverse as India, where millions of people live in climate-vulnerable regions, adaptation is as crucial as mitigation.

However, the judgment provides little guidance on how the right to be free from the adverse effects of climate change will be protected in practice, particularly for communities that need to adapt to rising sea levels, extreme weather events, and other climate impacts.

Furthermore, the judgment’s framing of the mitigation challenge is limited. By emphasizing renewable energy, the Court risks creating a narrow view of climate action that overlooks the need for broader systemic changes, such as reducing reliance on fossil fuels, improving energy efficiency, and promoting sustainable agricultural practices.

The Court’s deference to government assertions about the feasibility of underground power lines also raises concerns. While cost-efficiency is undoubtedly an important consideration, it should not come at the expense of long-term ecological and social consequences. The judgment’s failure to critically engage with the broader environmental impacts of large-scale renewable projects is a missed opportunity to create a more holistic approach to climate action.

Toward Comprehensive Climate Legislation in India

While the Ranjitsinh judgment represents a significant step forward for Indian climate jurisprudence, it also highlights the need for more comprehensive climate legislation in the country. India currently lacks an overarching legal framework to guide its climate policies. This legislative vacuum has led to a fragmented approach, with climate issues being addressed piecemeal through various sectoral policies.

The Supreme Court itself acknowledged this gap in its judgment, noting that India’s climate policy landscape is disjointed and outdated. To address this, legal scholars and environmental advocates have called for the enactment of a comprehensive climate law that provides clear guidance on how to balance environmental, climate, and development objectives.

Such legislation should prioritize both mitigation and adaptation, foster bottom-up approaches to climate action, and strengthen institutional capacities at all levels of government.

In particular, any future climate law must take into account the complexities of Indian federalism. Climate action requires coordination between the central government and individual states, each of which has its own unique environmental challenges. A well-designed climate law would empower state governments to take anticipatory action while also ensuring that national targets, such as the 2070 net-zero goal, are met.

The Global Significance of Ranjitsinh

The Ranjitsinh judgment is not just a victory for India but also for global climate justice. As the world’s most populous country and a major emitter of greenhouse gases, India’s approach to climate change will have significant global ramifications. By framing climate change as a human rights issue, the Supreme Court of India has set an important precedent that could inspire courts in other jurisdictions to adopt similar approaches.

However, the true impact of this judgment will depend on how it is implemented and whether India can rise to the challenge of enacting comprehensive climate legislation. Without such a framework, the new climate right risks being more symbolic than substantive, leaving vulnerable communities without the legal protections they desperately need.

The Ranjitsinh judgment is a monumental step forward in Indian climate litigation, establishing a new constitutional right and setting the stage for future legal battles over climate justice. However, it also underscores the need for a more holistic approach to climate action—one that goes beyond renewable energy and addresses the full spectrum of climate-related challenges, from adaptation to mitigation and beyond.

As the world continues to grapple with the escalating impacts of climate change, India’s evolving legal framework will play a crucial role in shaping global climate governance.

The Ranjitsinh judgment is a powerful reminder that the fight for climate justice is not just about reducing emissions—it is about protecting the most vulnerable and ensuring that development and environmental protection go hand in hand.

According to the data recently released by international climate change monitoring agencies including, European Union’s Copernicus Climate Change Services, June is the hottest month for the consecutive 13th months

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