A coalition of 72 prominent legal professionals, academics, and activists has issued an open letter to the Chief Justice of India (CJI) Surya Kant, demanding the retraction of recent Supreme Court remarks that criticized environmental activists. Released on Tuesday, the letter warns that the apex court’s observations cast unfair doubts on citizens defending India’s ecology and signal a troubling shift in the country’s environmental jurisprudence.
The controversy stems from oral remarks made on May 11 by a Supreme Court Bench comprising the CJI and another Justice. During the proceedings, the Bench remarked: “Show us even a single project in this country where these alleged environmental activists have said that we welcome this project.”
A “Broader Jurisprudential Shift”
The signatories—who include lawyers, law students, faculty members, researchers, and legal activists associated with the National Alliance for Justice, Accountability and Rights (NAJAR)—expressed deep concern over the wider implications of the Bench’s comments.
In the letter, the legal coalition argued that these judicial observations go far beyond the scope of a single case. Instead, they point to a fundamental and damaging shift in how environmental litigation is viewed by the highest court:
- From Governance to Obstruction: The letter highlights a transition “from viewing environmental litigation as an integral part of constitutional governance towards treating it as a suspect form of obstruction.”
- Dismissing Citizens: It points to a shift away from recognizing citizens as crucial enforcers of statutory duties, moving instead toward dismissing them as “so-called environmental activists.”
- Deference Over Scrutiny: The group expressed concern over a growing tendency to defer to administrative expertise and project clearances, even when official records contain clear omissions, inconsistencies, and unresolved public concerns.
Defending the Framework of Ecological Justice
According to the letter, the Supreme Court’s comments cast “unjust aspersions” on the communities, collectives, and citizens who rely on established legal frameworks, statutory institutions, and decades of environmental jurisprudence developed by the apex court itself.
To counter this trend, NAJAR and its signatories are calling on CJI Surya Kant to actively reaffirm the core constitutional values and environmental legal principles that have long governed India’s judiciary.
Specifically, the letter urges the CJI to:
- Validate Public Interest Litigation (PILs): Reaffirm that environmental PILs and National Green Tribunal (NGT) appeals are legitimate actions for constitutional and statutory enforcement, rather than “presumptively motivated attempts to impede development.”
- Uphold NGT Authority: Reaffirm that NGT decisions must be given appropriate weight, while remaining subject to statutory appellate review on substantial questions of law under Section 22 of the NGT Act.
By demanding a retraction, the legal community hopes to preserve the critical balance between national development and the legal right of citizens to protect the environment.
