CLIMATE CHANGE LITIGATION: CAN COURTS SAVE THE PLANET?

Climate change litigation has emerged as a powerful legal response to the growing inadequacy of political processes in addressing the climate crisis. This paper examines whether courts can play a meaningful role in compelling climate action through constitutional, human rights, and environmental law frameworks. It analyses the concept and evolution of climate litigation, with particular focus on India’s judicial approach under Article 21 and the role of the National Green Tribunal, alongside comparative global developments such as Urgenda, Leghari, and recent European human rights jurisprudence. While acknowledging significant limitations relating to separation of powers, standing, and causation, the paper argues that climate litigation remains an important complementary tool in advancing accountability, intergenerational equity, and climate governance.