Environmental Activists Demand Withdrawal of CJI's Remarks on Public Interest Litigation

The Hindu

Forty-nine organisations, collectives, and 553 environmentalists, academics, and citizens wrote a letter to Chief Justice of India (CJI) Surya Kant on May 22, 2026, demanding the withdrawal of oral remarks made by the CJI on May 11. The letter sought the withdrawal of the remarks so that it does not cast doubt on the “legitimacy of bona fide” environmental Public Interest Litigation (PIL) or on the Constitutional role of affected communities and citizens in seeking enforcement of environmental law.

During the hearing of a case on May 11, the CJI made an oral observation: “You show us a single project in this country where these alleged environmentalists and activists say, ‘We welcome this project. Country is progressing well, we welcome this project’. Everything you drag to the court.” Citing this and other comments made by the CJI during the hearing, the letter said, “We find the aforementioned comments highly objectionable and disturbing. These comments were not made in the context of the case being heard by the Court, but on the overall right of citizens to protect the environment and question illegal decisions and irregularities.”

What is Public Interest Litigation?

Public Interest Litigation (PIL) is a legal mechanism that allows individuals or groups to bring cases to court on behalf of the public interest, often in the absence of a direct personal stake. PILs have been instrumental in promoting environmental justice and protecting the rights of marginalized communities in India. However, the CJI's remarks have raised concerns that the judiciary may be undermining the legitimacy of PILs and the role of citizens in seeking environmental justice.

Key Provisions / Legal Framework

• ▸The Right to Information Act 2005 provides citizens with the right to access information held by public authorities, which is essential for promoting transparency and accountability in environmental decision-making.
• ▸The National Green Tribunal Act 2010 established the National Green Tribunal as a specialized court to handle environmental disputes and promote sustainable development.
• ▸The Environmental Protection Act 1986 sets out the framework for environmental protection in India, including the prevention of pollution and the conservation of natural resources.

The Numbers That Matter

• ▸India has a rich biodiversity, with over 8,000 plant species and 1,200 animal species found nowhere else in the world.
• ▸The country has set ambitious targets to reduce its greenhouse gas emissions and transition to renewable energy, including a goal to increase the share of non-fossil fuels in the energy mix to 40% by 2030.
• ▸However, India's environmental performance has been marred by a series of high-profile pollution scandals, including the 2019 Delhi air pollution crisis, which highlighted the need for urgent action to protect public health and the environment.

**

::

Stakeholders and Their Interests

• ▸Environmental activists and civil society organizations have long been critical of the government's environmental policies, which they argue have prioritized economic growth over environmental protection.
• ▸Industry groups and business leaders have pushed back against environmental regulations, arguing that they are too burdensome and will harm economic growth.
• ▸The government has sought to balance these competing interests, but its efforts have been hampered by a lack of clear policy direction and a failure to engage with stakeholders in a meaningful way.

Challenges on the Ground

• ▸Environmental degradation and pollution remain major challenges in India, with the country ranking 177 out of 180 countries in the 2020 Environmental Performance Index.
• ▸The government has launched a series of initiatives to address these challenges, including the National Clean Air Programme and the National Mission for Clean Ganga.
• ▸However, these efforts have been hampered by a lack of resources and a failure to engage with local communities and stakeholders.

Significance and What Changes Now

• ▸The CJI's remarks have sparked a national debate about the role of the judiciary in promoting environmental justice and protecting the rights of marginalized communities.
• ▸The government has been forced to respond to these concerns, with the Ministry of Environment, Forest and Climate Change issuing a statement emphasizing the importance of public participation in environmental decision-making.
• ▸However, the long-term implications of the CJI's remarks remain unclear, and it is likely that the debate will continue for some time.

The Hindu