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Constitutional Morality has been invoked in emerging 'climate litigation' where citizens challenge government policies alleged to inadequately address climate change, recognizing right to a healthy environment as part of Article ______ and intergenerational equity as a constitutional principle.
- 14
- 19
- 21
- 48A
Answer: 21
Climate justice and Constitutional Morality: (a) Legal basis: Article 21 (right to life) interpreted to include healthy environment (Subhash Kumar, MC Mehta cases); Article 48A (DPSP) directs State to protect environment, (b) Constitutional Morality application: (i) Intergenerational equity: Present generation holds environment in trust for future generations, (ii) Precautionary principle: Prevent environmental harm even without scientific certainty, (iii) Proportionality test: Balance development needs with ecological sustainability, (c) Emerging cases: (i) Challenges to coal mining approvals, vehicular emission norms, coastal regulation violations, (ii) Claims based on sustainable development, polluter pays principle, (d) Judicial approach: Generally defer to executive policy domain but require: (i) Compliance with environmental laws, (ii) Scientific basis for decisions, (iii) Public consultation, (iv) Consideration of vulnerable groups, (e) Global context: Aligns with Paris Agreement, SDGs; India's climate commitments (NDCs) inform judicial review. Illustrates evolving constitutionalism: adapting framework to global challenges like climate change while preserving core values.