Chief Justice of India (CJI) Justice Surya Kant has stated that developing nations cannot be made to bear the disproportionate brunt of the global green transition. Speaking at the High-Level Commonwealth Policy Dialogue on Climate Justice at Marlborough House in London, CJI Kant emphasized that the global shift towards clean energy must account for differing national circumstances to ensure the transition burden is distributed fairly.
Highlighting the dual aspects of climate injustice, the CJI pointed out unequal vulnerabilities to climate change alongside the unequal costs of transitioning to clean energy. He noted that countries currently industrialising are being asked to shift rapidly to renewable power and face criticism for moving slowly, whereas nations urging this transition spent two centuries building their economic strength using coal and oil.
Justice Kant also drew attention to the environmental and social costs linked to critical minerals required for clean-energy technology, such as lithium, cobalt, and copper. He stressed that the pursuit of a cleaner future must avoid creating new forms of environmental hardship for local communities where these resources are extracted. The urgency of the transition must be balanced with fairness and shared responsibility.
Addressing climate vulnerabilities, the CJI observed that low-lying island states, drought-hit regions, and flood-prone deltas face severe consequences. Small farmers and fishing communities often lose their livelihoods, land, and water despite having contributed minimally to the global climate crisis. He noted that courts play a crucial role in addressing these structural inequalities.
Referring to India's environmental jurisprudence, CJI Kant highlighted how the Supreme Court has expanded the right to life to incorporate environmental and climate-related concerns. He advocated for enhanced judicial cooperation across Commonwealth jurisdictions, suggesting that courts should share effective legal approaches while adapting them to local constitutional, social, and environmental realities.
The CJI remarked that climate change is compelling judiciaries to engage with complex science, technical data, and policy choices rather than traditional legal questions alone. He called for closer collaboration between judges, scientists, and policymakers, noting that judicial roles must evolve to understand the practical world where laws are applied. Furthermore, he advocated for integrating climate and environmental issues into legal education to prepare future legal professionals for real-world ecological disputes.
"As businesses and startups increasingly align with global sustainability goals, understanding the broader economic and regulatory landscape is critical. The concerns raised regarding equitable transitions and resource extraction highlight the complex realities businesses face today. For entrepreneurs building in the green technology and renewable energy sectors, regulatory foresight and fair resource management will be just as important as technological innovation in ensuring long-term viability and social acceptance." — Dr. Shishir Gupta, Founder & CEO, StartupLanes
