Climate Law and Environmental Governance in India: Emerging Judicial Trends
Abstract
Climate change has intensified environmental risks in India, exposing gaps between legislative intent, executive action, and on-ground implementation. While India possesses an extensive framework of environmental statutes and policies, the absence of a comprehensive climate-specific law has shifted significant responsibility to the judiciary. This study examines the evolving role of Indian courts in shaping climate law and environmental governance through constitutional interpretation, public interest litigation, and rights-based reasoning. The primary objective of the research is to analyze emerging judicial trends that integrate climate concerns into environmental adjudication and to assess their implications for governance, accountability, and policy coherence. Methodologically, the study adopts a doctrinal and qualitative legal research approach, involving systematic analysis of landmark judgments of the Supreme Court and High Courts, along with statutory provisions, constitutional principles, and relevant policy instruments. Judicial reasoning is examined to identify patterns related to the application of the precautionary principle, sustainable development, intergenerational equity, and the expansion of the right to life to include environmental and climate dimensions. The findings reveal a gradual but significant judicial shift from pollution-centric environmental protection toward broader climate-responsive governance. Courts have increasingly recognized state obligations to mitigate climate risks, strengthen environmental impact assessments, and ensure participatory and transparent decision-making. However, the study also finds limits to judicial intervention, including concerns of institutional competence and policy overreach. The paper concludes that while judicial innovation has been crucial in advancing climate governance in India, long-term effectiveness requires complementary legislative action and integrated climate law frameworks to translate judicial principles into enforceable and consistent outcomes.
Fields of Study & Subjects
Environmental law and policy
International Environmental Law and Policies
Judicial and Constitutional Studies
Publication details
- Journal / source
- Indian Journal of Law.
- Publisher
- Shodh Sagar
- Volume
- 4
- Issue
- 1
- Pages
- 35–52
- Publication date
- 27 January 2026