Beyond Article 21: Towards a Constitutional Right to Climate Dissent in the Age of ESG and Corporate Power

Abstract

Seventy-five years after the adoption of the Constitution of India, judicial review has transformed Article 21 into the cornerstone of environmental rights, embedding the right to a clean and healthy environment within the constitutional framework. However, this jurisprudence has largely focused on ecological protection, while neglecting the constitutional vulnerabilities of those who defend the environment. In the contemporary era of Environmental, Social and Governance (ESG) frameworks and expanding corporate power, climate activists and humanitarian organisations increasingly face Strategic Lawsuits Against Public Participation (SLAPPs) and other legal tools aimed at silencing dissent. This article argues that while the judiciary has creatively expanded substantive environmental rights, it has failed to evolve procedural safeguards for climate defenders. Such omissions create a constitutional asymmetry: the environment is protected in principle, but those who speak for it remain legally exposed. Drawing on Indian jurisprudence and comparative developments such as the European Union’s Anti-SLAPP Directive and the Philippines’ Writ of Kalikasan, the article proposes a doctrinal shift “beyond Article 21”. It calls for recognising a constitutional right to climate dissent, synthesising Articles 19 and 21 to ensure that freedom of speech, association, and the right to life collectively shield environmental defenders against corporate and state suppression. By advancing this argument, the article situates climate justice as the next frontier of constitutional review and outlines the future obligations of the Indian Constitution in an era defined by ESG governance, ecological crises, and democratic contestation.