The Emerging Consitutional Challenge of Climate Change: India in Perspective

Abstract

This article argues that climate change presents a serious challenge to constitutional rights of Indians; rights that can only be taken away by the State and by proper legal procedure. Further, as foreign states are involved and as international and other remedies against these states are limited, safeguarding constitutional rights presents substantial challenges that cannot be addressed even through the Indian judiciary's epistolary jurisprudence. Through this analysis, the article aims to demonstrate a less examined issue in international climate regime discussions-that at stake is a fundamental legal, social and political document of modern societies.

Keywords: climate change, constitution, India, global warming, rights, violation

JEL Classification: N3, N4, N55, N75, O19, K1, K19, K3, K32, K33, K39, K41