https://indianmasterminds.com

ADVERTISEMENT
ADVERTISEMENT

SC Urges of Serious Need of Global Climate Law Precedents In India at the 6th Full Meeting of the Standing International Forum of Commercial Courts

Menstrual shaming
Indian Masterminds Stories

New Delhi: In a timely and significant message delivered at the 6th Full Meeting of the Standing International Forum of Commercial Courts (SIFoCC) in New Delhi, Justice K. V. Viswanathan urged Indian courts to embrace foreign jurisprudence on climate law.  He pointed out that as climate change intensifies, legal disputes linked to climate and environment are no longer purely about pollution or regulation—they now interface with commercial law, directors’ fiduciary duty, constitutional rights and international law.

Background of the Story

Climate litigation worldwide has been evolving rapidly. Courts in many countries are interpreting environmental issues not only under environmental statutes, but also through broader principles of human rights, corporate governance, sustainable development and global obligations. In India, the legal framework for environmental protection has long been influenced by the right to life (Article 21) and principles of sustainable development. 

Read Also: India’s Bold Message at COP30 Summit: “Walk the Talk on Climate Finance” to Developed Nations and Joins Brazil’s Forests Forever Initiative

At the SIFoCC meeting, which brings together commercial courts from around the world, Justice Viswanathan used the platform to highlight that India cannot and should not remain in isolation when dealing with climate-linked commercial disputes and broader environmental rights. 

Who is Justice K. V. Viswanathan?

K. V. Viswanathan, born 26 May 1966 in Kerala, is a judge of the Supreme Court of India.  Before his elevation, he held significant roles including Additional Solicitor General of India. He was sworn in as a Supreme Court judge on 19 May 2023. 

Justice Viswanathan is now contributing to framing India’s legal stance in high-stakes areas such as climate change, corporate governance, and cross-border commercial law.

Key Points from Justice Viswanathan’s Remarks on Global Climate Law Precedents In India

1. Fresh View on Foreign Jurisprudence: He declared that the old idea “foreign jurisprudence is not welcome” is now over.  He emphasised that Indian courts must increasingly look beyond their borders for guidance in climate-linked matters.

2. Climate Litigation as Mixed Domain: Justice Viswanathan observed that what once were typical commercial disputes are now merging with constitutional rights and environmental concerns. He said climate litigation is reshaping boundaries between private law, public law, commercial law. 

3. Corporate Governance / Fiduciary Duty: In his speech, he noted India’s shift: company directors may now be accountable for environmental concerns and sustainability—not just profitability. Earlier, courts tended to give directors wide leeway; now the thresholds of scrutiny are higher. 

4. Global Norms, Domestic Obligations: Justice Viswanathan emphasised that courts in India will not hesitate to examine domestic laws if they conflict with constitutional protections or global obligations. 

He cited that the Supreme Court has already recognised the “right to be free from the adverse effects of climate change” under Article 21. 

5. Collective Global Approach: He said the climate crisis “must be addressed collectively… time now to say that light and knowledge should be welcomed from all sources.” 

Why Global Climate Law Precedents In India Matters

  • As India grows economically and industrially, climate-linked commercial disputes will increase—especially in sectors like energy, infrastructure, manufacturing.
  • Indian companies and courts dealing with sustainability, ESG (environment, social, governance) issues, will face questions of duty, liability and global standards.
  • If Indian jurisprudence selectively ignores foreign judgments and global trends, there is a risk of legal lag, reducing India’s effectiveness in resolving climate-linked disputes.
  • From a rights perspective, the environment is bound up with human rights, health and constitutional protections; so, responsiveness matters.

The Bigger Picture: What Comes Next

  • More Climate-Linked Commercial Cases: As business and environment overlap, Indian courts will likely see more commercial suits where climate change, sustainability or environment form key parts of the dispute.
  • Directors & Company Duty Evolve: Directors may increasingly be judged for how they factor sustainability risk, climate risk, stakeholder interests (not only shareholders) into decision-making.
  • Domestic Law & International Norms: Indian courts will refer to and rely on judgments from abroad (e.g., UK, Singapore, Inter-American Court of Human Rights) when interpreting climate law. Justice Viswanathan’s speech signals that this is acceptable and even necessary.
  • Rights Approach Strengthens: Courts will more often view environmental harm through the prism of rights (health, life, equality) and constitutional guarantees—rather than purely regulation or penalty-based frameworks.

Read Also: Major Relief for Maharashtra Landowners — SC Declares Notice Under Indian Forest Act Insufficient to Vest Land as Private Forest


Indian Masterminds Stories
ADVERTISEMENT
ADVERTISEMENT
Related Stories
ADVERTISEMENT
ADVERTISEMENT
NEWS
CM Pushkar Singh Dhami
Destination Uttarakhand Conclave 2.0 Takes Center Stage: Event Showcases a Bold Roadmap for Innovation, Tourism & Development
Chhattisgarh IITF 2025
Chhattisgarh Shines at IITF 2025: State Pavilion Wins Special National Honour for Showcasing 25 Years of Transformational Progress
CM Mamata Banerjee
Tourism Boom in West Bengal: State Records 3.12 Million Foreign Visitors, Secures India’s Second Rank
West Bengal’s Darjeeling Mandarin Orange
Darjeeling Mandarin Orange Earns Geographical Indication Status, Boosting Local Farmers and Heritage
Yogi Government
UP’s Mega Industrial Boom: CM Yogi Unveils Record Investments, Rs. 5 Lakh Crore Projects, Jobs, and Infrastructure at GIDA Foundation Day
149th course of National Defence Academy
NDA 149th Course Passes Out: 329 Cadets Commissioned; Naval Chief Praises Discipline, Women Cadets, and Technological Readiness
CM Yogi Adityanath
UP Launches Rojgar Mahakumbh 2025: Massive Job Push to Empower Youth Across Multiple Districts
Santosh Verma IAS controversy
Crucial Turn in Bureaucratic Fraud: Madhya Pradesh High Court Revives Case Against IAS Santosh Verma
ADVERTISEMENT
ADVERTISEMENT
Videos
Sanjay Shintre
How Investment Scams Target You: IPS Sanjay Shintre Explains
IPS Sanjay Shintre
Digital Arrest Fraud: Inside the Rising Cybercrime Targeting Elderly Victims in India
IPS Syed Waquar Raza
Escaped Narrowly In Naxal Ambush, Got Injured In Communal Riots, This IPS Officer Is Living Under Constant Fire
ADVERTISEMENT
UPSC Stories
Dr Sanjay Shukla IFS
Across Pench, Kanha, and Beyond: Tracing the Journey of IFS Officer Dr. Sanjay Shukla
Discover the remarkable journey of IFS Dr Sanjay Shukla—from a biochemistry scholar dreaming of a scientific...
IAS Smit Panchal
Meet IAS Smit Panchal a First-Generation Graduate Who Secured AIR 30
The inspiring UPSC journey of IAS Smit Panchal: from Gujarati-medium beginnings and financial hardship...
Devesh Sahu SGPSC 24
From Interview Rejections to Rank 1: How Devesh Kumar Sahu Topped CGPSC 2024 in His 4th Attempt (Exclusive)
From repeated interview failures to Rank 1, Devesh Kumar Sahu’s CGPSC 2024 journey shows how discipline,...
Social Media
elephant rescue Karnataka
Heroic Karnataka Elephant Rescue: How a 28-Hour “Impossible Mission” Became a Triumph of Wildlife Care, IFS Parveen Kaswan Shares Video
A trapped elephant was rescued after 28 hours in Karnataka through a massive, expertly coordinated Forest...
IFS leaf-whistling viral video
IFS Officer Shares Video of Tiger Reserve Guide’s Leaf-Whistling Talent, Internet Tries to Guess the Tune
Jaldapara National Park Guide Shows Extraordinary Leaf-Whistling Skills, Goes Viral
Shalabh Sinha IPS Singing
Who is IPS Shalabh Sinha? The Bastar SP Whose Kishore Kumar Rendition Took Social Media by Storm
IPS officer Mr. Shalabh Sinha’s soulful performance of “Rimjhim Gire Sawan” at Dalpat Sagar goes viral,...
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Latest
CM Pushkar Singh Dhami
Destination Uttarakhand Conclave 2.0 Takes Center Stage: Event Showcases a Bold Roadmap for Innovation, Tourism & Development
Chhattisgarh IITF 2025
Chhattisgarh Shines at IITF 2025: State Pavilion Wins Special National Honour for Showcasing 25 Years of Transformational Progress
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT
Videos
Sanjay Shintre
IPS Sanjay Shintre
IPS Syed Waquar Raza
ADVERTISEMENT
ADVERTISEMENT