Constitutional Futurism: Re-defining The Indian Constitution For Intergenerational Equity And Climate Justice

As the Indian Constitution marks seventy-five years of its adoption, it stands as a symbol of democratic endurance and social justice. However, the proliferating climate crisis, driven by both natural and man-made factors, poses an existential challenge, threatening the rights and livelihood of present and future generations. Existing provisions such as Article 21, Article 48A, and Article 51A(g),2 alongside judicial innovations in M.C. Mehta v Union of India, T.N. Godavarman v Union of India, and Subhash Kumar v The State of Bihar, have advanced environmental protection, but remain reactive, fragmented, and insufficient for the urgency of ecological collapse. This paper proposes constitutional futurism, thereby embedding principles of intergenerational equity, the rights of nature, and enforceable ecological duties as core constitutional commitments either through a “climate basic structure doctrine” or via explicit amendments to the grund norm. The paper takes inspiration from the writing of Upendra Baxi, Lavanya Rajamani and multiple studies conducted by NITI Aayog and TERI, along with comparative models like Ecuador’s Paachamama rights, Norway’s constitutional environmental rights, and France’s Environmental Charter. Through doctrinal analysis, case law review, and interdisciplinary insights from environmental ethics and international climate law, this research outlines a roadmap for constitutional reform that goes beyond short-term policy cycles. By incorporating climate justice as a non-derogable value in the Constitution, India can safeguard not only individual liberties but the ecological foundation upon which democratic life depends.