CJI Surya Kant moves Supreme Court toward 'eco-centric proportionality' in environmental litigation

Chief Justice of India (CJI) Surya Kant has signaled a shift in the apex court's approach to environmental litigation, moving from a binary choice between conservation and development toward a framework of "eco-centric proportionality." Speaking at an international conference organised by the National Green Tribunal (NGT) in New Delhi, the CJI clarified that development is permissible provided it is tied to enforceable conditions, expert oversight, and strict accountability. The CJI noted that the judiciary is now evolving its focus from isolated environmental injuries to cumulative ecological harm. He argued that ecological systems, such as rivers and the atmosphere, do not adhere to administrative or national boundaries, requiring courts to evaluate the broader systemic impact of any proposed project rather than treating it as a standalone event. A significant part of this judicial evolution is the transition from general environmental rights to specific climate-related rights. Justice Kant highlighted that climate change now directly impacts fundamental rights guaranteed under the Constitution, including the rights to equality, health, and livelihood.