CJI Calls SC ‘Banyan Tree’ of Green Justice
Chief Justice of India Surya Kant has described the Supreme Court as a “banyan tree of environmental justice”, saying India’s environmental jurisprudence is rooted in its civilisational respect for nature while extending constitutional protection to future generations.
CJI Highlights Supreme Court Environmental Jurisprudence
Speaking at the International Conference on “The Future of Environment and Climate Dynamics” in New Delhi on September 19, the CJI said environmental protection was deeply embedded in both Indian tradition and the Constitution.
He referred to Article 48A, which directs the State to protect and improve the environment, and Article 51A(g), which places a fundamental duty on citizens to protect the natural environment.
The two-day conference, organised by the National Green Tribunal, was inaugurated by Prime Minister Narendra Modi at Vigyan Bhawan.
Right to Healthy Environment Under Article 21
CJI Surya Kant highlighted the Supreme Court’s role in expanding environmental protections through decades of judgments.
The Court has recognised environmental protection as part of the constitutional right to life under Article 21 and developed major principles including “polluter pays”, the precautionary principle, absolute liability and the public trust doctrine.
These principles have helped establish legal responsibility for preventing environmental damage, restoring affected ecosystems and holding polluters accountable.
Development and Environment Must Work Together
The CJI said the question before courts should no longer be framed simply as conservation versus development. Instead, judicial decision-making must examine how development can proceed alongside enforceable environmental safeguards.
He also highlighted growing constitutional questions surrounding climate change, including its impact on equality, livelihood and health.
CJI Surya Kant cautioned that courts examining climate disputes must consider cumulative ecological damage rather than assessing individual projects in isolation, while adapting global environmental principles to India’s constitutional and social circumstances.
