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Supreme Court Expands Fundamental Rights: The Right to be Free from Climate Change Effects

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The Supreme Court has integrated the right against adverse climate change impacts into Articles 14 and 21, emphasizing the state's duty to balance ecological health with development.

In a transformative leap for environmental jurisprudence, the Supreme Court of India has formally recognized the 'right to be free from the adverse effects of climate change' as a fundamental right. Presided over by Chief Justice D.Y. Chandrachud, the Court expanded the protective umbrella of Article 21 (Right to Life and Personal Liberty) and Article 14 (Right to Equality), asserting that the right to life is incomplete without a stable and healthy environment. The ruling emerged from a complex legal battle involving the protection of the critically endangered Great Indian Bustard (GIB) in Rajasthan and Gujarat. The core conflict pitted the conservation of the GIB against India’s ambitious solar energy targets, as overhead power lines for renewable energy projects posed a fatal threat to the birds. While the Court acknowledged the importance of solar energy in mitigating climate change, it emphasized that the state cannot ignore the ecological costs of development.

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