Chief Justice of India, Surya Kant, spoke at the Commonwealth Legal Education Association (CLEA) International Conference on Sustainable Energy, stressing the need for a reimagining of law, policy, and innovation to achieve energy justice. He highlighted the importance of balancing economic growth with environmental sustainability as India looks towards 2047. Kant emphasized the significance of harmonizing progress with environmental preservation, citing Bengaluru as a prime example where tradition and transformation coexist seamlessly.
The Chief Justice underscored the necessity of fair distribution of benefits and burdens, transparent decision-making, and the protection of vulnerable communities to shape an equitable energy future. He emphasized the moral framework of energy justice, enabling growth while safeguarding citizens’ rights to clean air, water, and a sustainable future. Kant also pointed out that India’s vision for 2047 must align economic growth with ecological responsibility, emphasizing that environmental protection and economic prosperity are not conflicting choices, especially for a developing nation.
Referring to constitutional principles, Kant highlighted that India’s legal framework mandates the simultaneous progress of development and environmental protection. He mentioned that both the right to development and the right to a clean environment are integral to Article 21, providing a basis for balance. The Chief Justice called for a reinforcement of existing commitments rather than straying from them, emphasizing the need for transitions to consider the capacity of vulnerable communities. He also stressed the Judiciary’s role in ensuring that development decisions adhere to constitutional standards of fairness, transparency, and accountability.
Kant cautioned against viewing all development projects with suspicion while warning against complacency in treating environmental safeguards as negotiable. He advocated for a shift towards integrating environmental protection into the design of development initiatives, moving from a reactive model to a proactive one. The Chief Justice highlighted the evolution of environmental jurisprudence, noting the current focus on preventing pollution rather than just post-damage liability.
