Justice Surya Kant Proposes 'Regional Environmental Constitutionalism' for India and Sri Lanka

In a landmark address in Colombo, the senior-most judge of the Indian Supreme Court called for a paradigm shift in bilateral relations, urging the judiciaries of both nations to pioneer a collaborative framework for transboundary environmental justice, arguing it is a "matter of survival."

COLOMBO – Supreme Court of India Justice Surya Kant has issued a compelling call for the Indian and Sri Lankan judiciaries to jointly establish a "model of regional environmental constitutionalism," asserting that shared ecological crises demand a legal response that transcends national borders. Speaking at the Indo–Sri Lanka Policy Dialogue at the University of Colombo, Justice Kant, who is next in line to be the Chief Justice of India, framed the initiative not as a diplomatic nicety but as an urgent necessity for collective survival.

"The time is ripe for the Indian and Sri Lankan judiciaries to champion a model of regional environmental constitutionalism—recognising that certain imminent environmental rights and duties transcend borders," he declared. This proposal aims to move the two nations from "desirable cooperation to urgent collective action" in tackling complex transboundary environmental challenges.

The address, delivered during Justice Kant's first visit to Sri Lanka, sets the stage for a potentially transformative chapter in regional judicial cooperation, emphasizing the judiciary's role as a primary driver of environmental policy and accountability in the absence of robust international governance mechanisms.

The Ecological Imperative: A Shared Fate in the Indian Ocean

Justice Kant painted a stark picture of the ecological interdependence between India and Sri Lanka, describing the Indian Ocean not as a divider but as a "bridge of continuity" that binds them through shared ecosystems. This shared geography, he argued, now imposes a collective and undeniable responsibility.

"Beneath the calm turquoise waters of the Palk Strait lie stories of ecological fragility—oil spills drifting from one shore to another, coral reefs bleaching under common warming currents, and fishing communities whose livelihoods depend on decisions made in two capitals," he said.

He identified the Palk Bay and Gulf of Mannar, both critical biodiversity hotspots, as regions under severe stress from overfishing, destructive trawling practices, and unregulated coastal development. The recurring and often tense confrontations between Indian trawlers and Sri Lankan fishers, he noted, are not merely a law-and-order issue but "epitomise a deeper ecological tragedy—competition for an exhausted resource base."

Beyond fisheries, Justice Kant highlighted the compounding threats of climate change, including rising sea levels threatening coastal zones in both Tamil Nadu and Northern Sri Lanka, saltwater intrusion into agricultural lands, and the accumulation of microplastics and oil residues from shipping lanes. Citing the shared trauma of the 2004 tsunami and recurring cyclones, he stressed that while environmental disasters transcend political borders, ecological restoration efforts have remained fragmented. This fragmentation, he suggested, stems from a lack of an integrated transboundary environmental governance mechanism, hampered by inconsistent data and environmental impact assessments that seldom consider cross-border effects.

The Judiciary as 'Moral and Constitutional Guardian'

Central to Justice Kant's vision is the proactive role of the judiciary as a "moral and constitutional guardian" of ecological balance. He pointed to the rich, parallel histories of environmental jurisprudence developed by the Supreme Courts of both India and Sri Lanka, which provide a solid foundation for this new phase of cooperation.

He recalled how the Indian Supreme Court, through a "creative reading" of Article 21 (the Right to Life), expanded its scope to include the fundamental right to a healthy environment. This interpretation paved the way for the domestication of key international legal principles, including sustainable development, the polluter pays principle, and the precautionary principle, into Indian law.

Similarly, he noted the Sri Lankan Supreme Court's contributions, particularly through its interpretation of Article 27(14) of its Constitution and landmark judgments like the Eppawela Case . These decisions have firmly embedded the principles of intergenerational equity and the public trust doctrine—the idea that the state holds natural resources in trust for the public and future generations—within Sri Lankan jurisprudence.

"Although there has not been regular formal dialogue between the Indian and Sri Lankan judiciaries in the past, their jurisprudence reflects a converging moral imagination about environmental stewardship," Justice Kant observed. He argued that this convergence illustrates a "nascent regional environmental constitutionalism" that can now be formalized.

A Concrete Framework for Judicial Action

Justice Kant moved beyond theoretical concepts to propose a concrete, three-pronged framework to institutionalize this judicial dialogue:

• Establish a Joint Commission on Marine Ecology: This body would be empowered to issue scientifically grounded ecological advisories to both governments, providing a neutral and expert voice on managing shared marine resources.
• Create Data-Sharing Protocols: Formalizing protocols for sharing data on pollution, fisheries management, and climate impacts would enable coordinated and evidence-based policy responses.
• Promote Judicial Workshops under BIMSTEC: Leveraging existing regional platforms like the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC), judicial workshops could develop common interpretive standards for environmental rights, fostering normative coherence across jurisdictions.

He also announced that a high-level delegation from the Sri Lankan Supreme Court, led by Chief Justice P. Padman Surasena, is expected to visit India soon. He described this upcoming visit as "particularly significant" for advancing the proposed regional judicial dialogue.

A New Vision: From Bilateralism to Collective Guardianship

In his concluding remarks, Justice Kant articulated a powerful vision for the future of Indo-Sri Lankan relations, centered on environmental stewardship. "The Bay of Bengal does not divide us; it binds us through a shared ecological fate," he reiterated.

He challenged policymakers and legal professionals to reimagine the partnership "not merely as a bilateral relationship but as a collective guardianship of the Indian Ocean commons." In this new paradigm, success would be measured "not in treaties signed, but in ecosystems restored and communities made resilient."

The address underscores a growing global trend of judiciaries stepping into policy voids, particularly in environmental governance. As Justice Kant noted, "In the absence of robust regional institutions, courts become de facto arenas for transnational accountability." This call to action from a senior judge of a major global power signals a potential new frontier in international environmental law, where judicial collaboration becomes a primary tool for protecting the planet's shared natural heritage.