SC Recognizes Right Against Climate Change as Fundamental Right

• 08 Apr 2024

On 6th April, the SC acknowledged a fundamental right against the adverse impacts of climate change, emphasizing its connection to Articles 14 and 21 of the Constitution.

Key Points

• Judgment Overview: In a recent ruling related to the survival of the endangered Great Indian Bustard species, the Supreme Court highlighted the need to recognize a distinct right against the adverse effects of climate change.
• Legal Basis: The court observed that Articles 14 (right to equality) and 21 (right to life) lay the foundation for this newly recognized right, emphasizing the importance of a clean environment for the realization of fundamental rights.
• Expert Committee Formation: An order was issued to form an expert committee to address the challenges faced by the Great Indian Bustard due to power transmission lines in Gujarat and Rajasthan.
• Interconnection with Human Rights: Chief Justice Chandrachud emphasized the interconnectedness of climate change with various human rights, including the right to health, indigenous rights, gender equality, and the right to development.
• Role of Solar Power: The court underscored the significance of solar power in combating climate change, citing India's vast solar energy potential and the urgent need to transition to cleaner energy sources.