Constitutional Right to a Healthy Environment: An Analysis of Climate Change Jurisprudence Under Article 14 and 21 in India
Year: 2026
Type: article
Abstract: Judicial structure has gradually evolved to identify a eco-friendly biome as a constitutional right, particularly in the foundation of human rights.In India, protection became intertwined with the sanctity of life along with personal liberty, transforming ecological concerns into constitution.The threat of climate change has forced constitutional courts to move beyond pollution control, recognizing climate stability as one of the important factor for human survival, and dignity.This shift shows a profound understanding that ecological deterioration directly impacts the access to the basic necessities like clean air, food security, and living conditions.The climate change particularly affecting susceptible along with marginalised communities.By integrating equality principles with the sanctity of life, the climate jurisprudence has gained strength.This approach has addressed disproportionate climate impacts along with held states accountable in climate governance.The study examines how constitutional interpretation, ecological principles, along with climate justice concepts are converging to create a rights-based climate framework.It also evaluates whether existing constitutional provisions are sufficient to address current climate challenges or if more explicit constitutional or legislative recognition of climate rights is necessary in the future.
Author: Ravi Prashant
Institution: Amity University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7155695026