SC Expands Article 21: The Fundamental Right to be Free from Climate Change Impacts

In a significant judicial leap, the Supreme Court of India has ruled that citizens have a fundamental right to be free from the adverse effects of climate change. While hearing a plea related to the protection of the Great Indian Bustard (GIB) in Rajasthan and Gujarat, the bench led by Chief Justice D.Y. Chandrachud expanded the scope of Article 21 (Right to Life) and Article 14 (Right to Equality). The Court observed that the right to a clean environment, previously recognized by the judiciary, inherently includes protection against the specific and escalating challenges posed by a changing climate. The judgment highlights a critical intersection between human rights and environmental law. The Court noted that without a stable climate, other fundamental rights—such as the right to health, food security, and clean water—cannot be fully realized. For instance, rising temperatures and shifting weather patterns directly impact the right to health through heatwaves and vector-borne diseases, while agricultural disruptions threaten the right to food. By elevating this to a fundamental right, the judiciary has provided a constitutional shield to vulnerable populations who are disproportionately affected by climate disasters.