Constitutionalism and the Quest for Environmental Justice in India: Doctrinal Evolution and the Challenge of Climate Rights

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@article{1716313,
      author = {Anshika Gupta, Maneesh A. Srivastava},
      title = {Constitutionalism and the Quest for Environmental Justice in India: Doctrinal Evolution and the Challenge of Climate Rights},
      journal = {Iconic Research And Engineering Journals},
      year = {2026},
      volume = {9},
      number = {10},
      pages = {1433-1439},
      issn = {2456-8880},
      url = {https://www.irejournals.com/formatedpaper/1716313.pdf},
      abstract = {India’s path toward environmental justice is a compelling study of environmental evolution. This research investigates the effectiveness of this legal framework. We begin by mapping the foundational legal architecture, showing the Supreme Court radically broadened Article 21 to guarantee a fundamental, enforceable right to wholesome environment moving beyond the traditionally ‘soft’ directives of the Directive principles (Article 48A) and Fundamental Duties (Article 51A(g). This judicial inventiveness established essential doctrines such as Public Trust Doctrine, Polluter Pays Principle and the Absolute Liability- which is now necessary to securing corrective and allocative justice against industrial harm. The Analysis then turns to the National Green Tribunal (NGT), a specialised body to design to institutionalized procedural and restorative justice through expedited, science-informed adjudication and the power to mandate environmental compensation. Despite these comprehensive frameworks, however, the endeavours of environmental justice are impeded by the ongoing distributive and recognitional deficiencies. A significant challenge lies in the profound conflict between centralised, exclusionary conservation efforts and community rights of forest dwellers recognised by the Forest Rights Act, 2006 the research culminates with the momentous M.K. Ranjithsinh & Ors. v. Union of India 2024 SC 570, which anchors the right to be free from the adverse effects of climate change’ firmly within the guarantees of Article 21 and 14. This important ruling opens a new chapter, compelling constitutional law to address systematic climatic governance and its disproportionate impact on the vulnerable.},
      keywords = {Environmental Justice, Constitutionalism, Right to Life (Article 21), Judicial Activism, National Green Tribunal, Climate Rights.},
      month = {April},
      doi = {https://doi.org/10.64388/IREV9I10-1716313}
  }