In 2025, the International Court of Justice (ICJ) will deliver an advisory opinion on the legal obligations of nations with respect to the mounting damage caused by climate change. This ruling will definitively restate applicable international law, provide a basis for new global policy decisions within the U.N. General Assembly, and provide a predicate for new lawsuits in national courts. To be effective, remedies for breaching a government’s duties to avert climate change will require a “collective remedy,” not merely financial compensation.

What is climate litigation? Widely accepted definitions suggest it is any litigation pertaining directly or indirectly to climate change, which encompasses both strategic and routine litigation. Building on this framework, previous empirical assessments have found that climate litigation has not prompted a climate-oriented jurisprudence. However, empirical evidence suggests that strategic litigation—and not routine litigation—has contributed to development of a climate-oriented jurisprudence in jurisdictions across the globe.

As in many other countries, climate change is driving new and complex litigation throughout India. These cases deal with a wide scope of issues, including greenhouse gas (GHG) emissions, renewable energy development, and air pollution, among other topics. Five features related to India’s climate and energy policies, its judicial structure, and a recent Supreme Court decision make it likely that the courts will continue to play a significant role in shaping the country’s response to climate change.