Introduction

India ranks seventh in the 2021 Global Climate Risk Index (Germanwatch 2021), and in 2017, it was the second most-affected country in terms of casualties related to extreme weather (Germanwatch 2017). Water pollution, food and water shortages (Niti Aayog 2019), waste management, and biodiversity loss (Kumari, Wate, and Anil 2014, 107) are just some of India's problems. Its large population coupled with a severe economic dependency on agriculture (FAO 2023) exposes it to severe vulnerabilities. Owing to its geography and high economic dependence on climate-sensitive sectors, India is one of countries most vulnerable to climate change (Harjeet Singh 2015). ‘Food security of India may be at risk in the future due to the threat of climate change leading to an increase in the frequency and intensity of droughts and floods, thereby affecting production of small and marginal farms.’ (Ministry of Environment and Forest 2009, 78). As a protector of people's rights, Indian courts are legally bound to protect the environment.

The chapter's research method involves an analysis of the literature and review of the judicial precedent. The chapter aims to compare the judicial precedents of the Supreme Court of India and the National Green Tribunal (NGT) to understand the evolution of their response to environmental litigation.

Article 48A in the Constitution of India obliges the government to protect the environment and conserve the natural resources of the country.