Supreme Court protects environment as fundamental right
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Chief Justice Surya Kant stated the Supreme Court of India acts as a crucial protector of the environment, comparing it to a “banyan tree” for its deep roots in Indian tradition and its broad reach in safeguarding rights for future generations.
He explained the court views conservation and development not as opposing forces, but as needing balance. The Supreme Court has established the right to a pollution-free environment as a fundamental right under Article 21 of the Indian constitution.
Justice Kant also described a recent legal principle called “eco-centric proportionality”, which allows for development alongside strict environmental conditions, expert monitoring, and restoration efforts. He noted Indian courts increasingly recognize that climate change impacts fundamental rights to equality, livelihood, and health. The Chief Justice made these remarks while addressing the opening session of ‘The Future of Environment and Climate Dynamics’ organized by the National Green Tribunal. He emphasized that constitutional protections for the environment require judicial interpretation to become effective.
