Justice NKotiswar Singh 
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Supreme Court Justice NK Singh highlights India’s evolving environmental jurisprudence at UN Climate Conference

Justice Singh traced India’s environmental journey from ancient ecological thought to the Supreme Court’s recent recognition of climate rights under Articles 14 and 21.

Arna Chatterjee

Supreme Court judge, Justice NK Singh recently spoke of India's long-standing ecological customs as well as its contemporary dedication to climate justice while speaking at the United Nations Climate Conference (COP-30) in Belém, Brazil, on November 13.

In his address, Justice Singh rooted India’s environmental ethic in its civilizational DNA while addressing world leaders and climate activists.

Ours was a civilisation that flourished by making nature not a resource to exploit, but a sacred trust to honor. This story is not history - it is a roadmap for us," he said.

He cited ancient systems like Vriksha Ayurveda (tree medicine) and ancient water tanks as proof of a civilisation that recognised its connection to nature long before "sustainability" became a buzzword. He also referred to passages from the Vedas, such as the Atharv Veda, that refer to the soil as a "witness to human conduct."

Justice Singh also commented on the profound environmental disruption caused by colonial extractive regimes.

He criticised colonial legacies while praising India's ecological roots.

"This equilibrium... was ruptured by successive invasions and more particularly the colonial rule," he noted.

Speaking on India’s post-independence environmental journey, Justice Singh spoke about the country’s efforts at ecological resuscitation.

"Environmental concerns, while acknowledged, were (initially) viewed through traditional legal notions of public nuisance rather than as independent constitutional rights," he noted.

He recalled how the 1972 Stockholm Conference marked a turning point, when Prime Minister Indira Gandhi famously said, “Poverty and need are the greatest polluters.”

He contended that this declaration was more than just rhetoric because it resulted in the addition of Articles 48A and 51A(g) to the Constitution of India, which place duties on the state and its citizens to protect the environment.

He went on to note that Public Interest Litigation (PIL) jurisdiction made it possible for ordinary individuals to litigate for environmental damages, which marked another pivotal moment.

He then observed that the Supreme Court has now recognised the right of the people to live in a healthy environment with minimal disturbance of ecological balance, as a dimension of Article 21 (the right to life) of the Constitution.

This was laid down in 2024 in a case concerning the protection of the Great Indian Bustard, in which the Supreme Court held that Articles 14 and 21 of the Constitution include a right to be free from the adverse effects of climate change.

Calling this ruling a watershed moment, Justice Singh said it may well be the first time any court has read a climate-change dimension into the right to life in such explicit terms.

Justice Singh was also quick to defend the judiciary from accusations of overreach in such matters.

"The Courts have not acted like a knight in a shining armour going amok recklessly," he said.

Rather, he maintained that Indian courts have struck a careful balance between activism and restraint.

Justice Singh added that in the years ahead, the Supreme Court is likely to grapple most with issues linked to climate change and the preservation of biodiversity in the face of growing development projects.

He observed that a shift toward an ecologically centred framework will involve setbacks and course corrections. As a developing country, India must constantly weigh environmental concerns alongside its economic and social needs.

As his speech drew to a close, Justice Singh called for shared responsibility in climate action.

"We embrace our share of duty to our shared planet, yet we seek the space to grow - to learn, to innovate, to rise. This is the spirit of common but differentiated responsibility and respective capabilities that India upholds," he said.

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