Constitutionalizing the Right Against Climate Change in India: A Critical Analysis of M.K. Ranjitsinh v. Union of India

Abstract

Climate change has become one of the most pressing threats to human rights, environmental security, and sustainable development. Its impacts, such as extreme temperatures, floods, droughts, cyclones, water scarcity, food insecurity, loss of biodiversity, and displacement caused by climate change, directly influence the realization of fundamental rights. While the Constitution of India does not explicitly acknowledge a fundamental right against climate change, the Supreme Court of India has progressively shaped environmental rights through a broad interpretation of Articles 14 and 21, bolstered by Articles 48A and 51A(g). The ruling in M.K. Ranjitsinh v. Union of India, 2024 INSC 280, marks a significant constitutional advancement in this context. The Supreme Court explicitly recognized the right to be free from the detrimental effects of climate change, situating this right within Articles 14 and 21.

This article provides a critical examination of the constitutional implications of M.K. Ranjitsinh and assesses whether the ruling signifies a shift from environmental constitutionalism to climate constitutionalism in India. It investigates the connections between climate change, the right to life, equality, environmental protection, sustainable development, and climate justice. The article employs a doctrinal methodology that incorporates constitutional provisions, judicial rulings, legislation, international agreements, and pertinent policy frameworks. The analysis reveals that Ranjitsinh has redefined climate change from being primarily an environmental policy issue to a matter of constitutional rights. Nevertheless, the judgment raises significant unresolved issues concerning the specific nature of the right, the associated obligations of the State, available judicial remedies, standards of review, and the relationship between courts and climate policy authorities. The article contends that although Ranjitsinh establishes a crucial constitutional basis for climate rights, its long-term efficacy will hinge on legislative progress, institutional collaboration, scientific knowledge, and a rights-oriented approach to climate governance.