Abstract

The Indian judiciary has long been recognized as a global pioneer in “creative jurisprudence”, often stepping into the vacuum left by legislative inertia. However, the 21st century has ushered in an existential climate crisis that necessitates a transition from traditional “pollution control” to a sophisticated “climate accountability” framework. This research analyzes the evolutionary trajectory of the Indian higher judiciary, specifically the Supreme Court and the National Green Tribunal (NGT)–in bridging the legislative vacuum regarding climate change. By evaluating recent landmark rulings, most notably M.K. Ranjitsinh v. Union of India (2024), this study demonstrates how the judiciary has elevated the “right to be free from the adverse effects of climate change” to a fundamental right under Articles 14 and 21 of the Constitution. The research explores the shift from an anthropocentric to an ecocentric approach and argues that while the judiciary is successfully “greening” the Constitution, it faces significant challenges in balancing the “Green v. Green” dichotomy and managing scientific complexities in the courtroom.