'Equity Must Guide Environmental Justice': Justice BV Nagarathna Delivers 4th S.B. Sinha Memorial Lecture

Justice B.V. Nagarathna on Saturday emphasised the need to integrate equity and fairness into environmental justice, noting that environmental harms are not evenly distributed and disproportionately impact the poor and marginalised.

“Environmental harms are rarely distributed evenly. Instead, they disproportionately affect the poor and marginalised, especially in the State of Jharkhand. Therefore, integrating environmental justice into the wider framework of justice ensures environmental protection is pursued alongside, rather than at the cost of, equity,” she observed.

Justice Nagarathna made these remarks while delivering the 4th Justice S.B. Sinha Memorial Lecture on the topic “Environmental Justice & Climate Change: How Courts Can Lead the Way Forward” at the National University of Study and Research in Law (NUSRL), Ranchi.

Among those present were Chief Justice of the Jharkhand High Court M.S. Sonak (also Chancellor) as Guest of Honour, Justice S.N. Prasad of the Jharkhand High Court as Special Guest, and Vice-Chancellor Prof. (Dr.) Ashok R. Patil, who delivered the welcome address.

During her lecture, Justice Nagarathna paid tribute to Justice S.B. Sinha, describing him as one of the “most celebrated jurists” of his time. She highlighted his legacy of powerful dissents, particularly recalling his opinion in Zee Telefilms v. Union of India, where he held that the BCCI would fall within the ambit of “State” under Article 12 of the Constitution. She also referred to his contributions in cases such as Kesoram Industries, describing him as an “academic at heart” and a “scholar through and through.” She further recalled his contributions to the Judicial Academy and reflected on his broader judicial philosophy. In describing his judicial philosophy, she observed:

“In an article that Justice Sinha wrote for the National Law School of India Review, titled 'Constitutional Challenges in the 21st Century' in 2009, he reflected on the need for judicial intervention to secure good governance in India. He argued that in a constitutional democracy like ours, the judiciary cannot remain a passive institution. Rather, when failures of governance threaten constitutional guarantees, courts must intervene to uphold the rule of law.”

Justice Nagarathna emphasized that the word “environment” was not initially present in the Constitution, but was introduced through the 42nd Amendment in 1976 via Articles 48A and 51A(g) as a Directive Principle and a Fundamental Duty, respectively. She noted that landmark judicial decisions have interpreted Article 21 to include the right to a healthy environment. Multiple doctrines such as sustainable development, polluter pays, precautionary principle, and intergenerational equity have consistently guided the Supreme Court in its interpretation. She stressed that development and environmental protection are not opposing goals, but complementary ones, and highlighted the importance of environmental justice.

During the lecture, she further referred to the recurring issue of floods caused by encroachment of water bodies, including the recent Rajakaluve issue in Bangalore. She observed that during heavy rains, water enters homes in such areas, yet these events are often labelled as “natural disasters,” even though human actions are significantly responsible. On the question of the role of the Courts in such competing interests, she said:

“Courts, when they are cautious and seek to be pro-environment, are often considered anti-development; and when courts take the view that development is necessary, they are considered anti-environment. Where to draw the balance is the conundrum for judges… Articles 48A and 51A(g) equally apply to judicial reasoning, and the Supreme Court has been pushing for a shift from an anthropocentric to an ecocentric approach…”

She drew upon the work of Elizabeth Fisher, describing environmental law as “hot” law given the competing interests involved. She noted that each case involves a balancing exercise between competing interests, and that its dynamic and uncertain nature goes beyond routine adjudication. She emphasized that judges require continuous education and updated judicial training for such niche areas, and that judicial academies must incorporate courses to sensitize judges. She further observed that the content of environmental principles must evolve in light of the context of each case.

In conclusion, she stated that courts are not passive observers but active participants, while emphasising three key lessons: first, that decisions require contextual understanding; second, that the content of principles is not settled and involves balancing competing interests; and third, that when such balancing reaches its limits, certain areas must remain inviolable.

The function also saw an address by the Justice M.S. Sonak, Chief Justice of the Jharkhand High Court. He described Justice S.B. Sinha as one of the “tallest intellectuals” in law. He highlighted the importance of the lecture's theme on climate justice and reflected on how conflicts such as the Gulf wars threaten the planet. He stressed the need to treat the earth with consciousness and collective responsibility, observing that we do not inherit the earth but borrow it from future generations. He also noted that both Justice S.B. Sinha and Justice Nagarathna share qualities of intellectual rigour, originality of thought, passion, and courage, guided by the rule of law and the Constitution. He further remarked on their willingness to deliver dissenting opinions, noting the extraordinary courage such dissents require.

The vote of thanks was delivered by Mr. Indrajit Sinha, son of late Justice S.B. Sinha.

The complete lecture can be accessed here.