Climate Change Litigation & Environmental Constitutionalism

Abstract

The most urgent existential risk today is that of climate change. Legal systems all across the world have been required to act in response to climate change more and more in recent times. Climate change litigation is emerging as an important instrument through which individuals and organizations are challenging the liability of states and private organizations in contributing towards global warming and in failing to undertake sufficient measures to mitigate or adapt to climate change. One such key concept that has emerged as a crucial legal backdrop for climate change litigation is that of environmental constitutionalism—the recognition of environmental rights and obligations in constitutions and legal codes. This paper investigates the relationship between climate change litigation and environmental constitutionalism, especially within the Indian legal system. A discussion is presented on the development of environmental constitutionalism worldwide and the Indian constitutional approach through Article 21, 48-A, and 51-A(g). Further, landmark cases relating to climate change litigation are analyzed, including those from outside India. Also discussed are various models of constitutional environmental rights from other countries like South Africa, Brazil, Colombia, and Ecuador.