Supreme Court Hears Petition to Declare Climate Emergency in India: A Defining Moment for Environmental Jurisprudence
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- 16 Apr 2025 --
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In a potentially historic move, the Supreme Court of India has begun hearing a Public Interest Litigation (PIL) that seeks to formally declare a national climate emergency and compel the government to adopt a comprehensive, time-bound climate action framework. Filed by a group of environmentalists, young climate activists, and public health experts, the petition urges the apex court to recognize the existential threat posed by climate change and to ensure that India's policies reflect the urgency demanded by science and justice.
This is the first time the Supreme Court is entertaining a plea that goes beyond specific environmental violations and seeks a macro-level constitutional declaration regarding the climate crisis.
The Premise of the Petition
The petitioners argue that climate change is no longer a distant or abstract concern, citing:
- India’s escalating extreme weather events, including heatwaves, floods, glacial lake outbursts, and rising sea levels
- Worsening air pollution, food insecurity, and public health burdens
- The country’s lagging implementation of its Nationally Determined Contributions (NDCs) under the Paris Agreement
- Failure of central and state authorities to enforce existing environmental laws, such as the Environment (Protection) Act, 1986 and Air (Prevention and Control of Pollution) Act, 1981
The PIL contends that the failure to treat climate change as a national emergency violates Articles 14 and 21 of the Constitution—the right to equality and the right to life with dignity.
What the Petition Seeks
The PIL seeks several critical outcomes:
- Judicial Declaration of a Climate Emergency
– A symbolic yet constitutionally significant pronouncement to prioritize climate action across all policy domains.
- A National Climate Resilience and Adaptation Plan
– A roadmap with enforceable timelines to address heatwaves, floods, coastal erosion, crop failure, and infrastructure resilience.
- Creation of a Climate Emergency Task Force
– A central statutory body comprising environmental scientists, constitutional experts, civil society representatives, and youth climate leaders.
- Mandatory Climate Audits
– For all large-scale infrastructure, energy, and urban planning projects, beyond the current Environmental Impact Assessment (EIA) framework.
- Court-Monitored Compliance Mechanism
– Modeled on judicial oversight panels used in the Right to Food and Air Pollution cases.
Supreme Court’s Initial Observations
The bench led by Chief Justice D.Y. Chandrachud and Justice J.B. Pardiwala acknowledged that:
“Climate change is not just an environmental issue; it is a constitutional and civilizational issue. Its impacts on health, migration, livelihoods, and inter-generational justice cannot be overstated.”
While the Court has not yet issued any interim orders, it has:
- Sought detailed responses from the Ministry of Environment, Forest and Climate Change (MoEFCC), Ministry of Home Affairs, and NITI Aayog
- Asked for data on greenhouse gas emissions, climate financing, and adaptation spending
- Directed the Attorney General to assist the Court with a framework of international precedents
The matter is scheduled for detailed hearing in August 2025.
Why a Declaration Matters
While India has already committed to net-zero carbon emissions by 2070, petitioners argue that:
- Climate change is already killing thousands annually through heat stress, vector-borne diseases, and displacement
- A formal declaration of emergency would enable.
- Fast-tracked climate funding
- Legal accountability for emissions-intensive industries
- Integration of climate resilience into all levels of governance
It would also be a signal to state governments, urban planners, and financial institutions that climate action is no longer optional.
Comparative Global Context
- In 2019, the UK became the first country to declare a climate emergency
- Over 2,000 jurisdictions across 34 countries have since followed suit, including cities like New York, Paris, and Sydney
- These declarations often pave the way for:
- Carbon neutrality laws
- Divestment from fossil fuels
- Greener transport and energy policies
India, however, has not yet made a national legal or constitutional commitment of this scale, despite being the seventh most climate-vulnerable country, according to the Global Climate Risk Index.
Government’s Likely Stand
Government lawyers are expected to argue that:
- India already has robust environmental laws and climate missions (e.g., National Action Plan on Climate Change, State Action Plans)
- Formal declaration is a legislative function, not a judicial one
- Climate financing constraints and federal structure limit enforcement from the Centre alone
They may also cite progress on renewable energy expansion, solar alliances, and EV infrastructure as evidence of existing commitment.
Voices from the Ground
Climate-affected communities—from drought-hit farmers in Maharashtra to flood-displaced families in Assam—have expressed cautious optimism, hoping this case brings visibility to their suffering and legal redress.
Youth activists supporting the petition argue that:
“We are the generation that will live through the full impact of today’s inaction. We are asking for climate justice, not charity.”
A Chance to Rewrite India’s Climate Future
The Supreme Court’s decision to hear the climate emergency petition is more than a legal development—it is a turning point in India's environmental and constitutional history.
If the Court affirms the petitioners’ call, it would become the first apex court globally to judicially declare a national climate emergency, setting a precedent for climate-conscious jurisprudence.
Because while the climate clock is ticking, a single legal judgment can still bend the arc toward planetary justice.
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