Institute of Legal and Management Studies

Justice Surya Kant of the Supreme Court called for the Indian and Sri Lankan judiciaries to jointly champion a model of regional environmental constitutionalism, recognising that “certain imminent environmental rights and duties transcend borders.”

Delivering the keynote address at the Indo–Sri Lanka Policy Dialogue on Advancing Environmental Sustainability and Regional Cooperation, organised by the Faculty of Law, University of Colombo, Justice Kant urged the two nations to move from “desirable” cooperation to urgent collective action in addressing transboundary ecological challenges.

“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 said.

Shared Ecological Responsibility

Reflecting on the ecological interdependence of the two nations, Justice Kant said that the Indian Ocean has historically been a bridge of continuity, linking the peoples of India and Sri Lanka through culture, faith, and shared ecosystems. He expressed concern that “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 highlighted how the Palk Bay and Gulf of Mannar, once biodiversity hotspots, are now under severe stress from overfishing, destructive trawling, and unregulated coastal activity. The recurring confrontations between Indian trawlers and Sri Lankan fishers, he said, “epitomise a deeper ecological tragedy—competition for an exhausted resource base.”

Justice Kant also drew attention to the effects of climate change, including saltwater intrusion, microplastic accumulation, and uncoordinated disaster responses, calling for joint monitoring and data sharing.

Judicial Role In Environmental Governance

Describing the judiciary as a “moral and constitutional guardian” of ecological balance, Justice Kant underscored that both India and Sri Lanka have advanced robust environmental jurisprudence.

He recalled that the Indian Supreme Court, through a creative reading of Article 21, recognised the right to a healthy environment as part of the right to life and developed the sustainable development, polluter pays, and precautionary principles. The Sri Lankan Supreme Court, he noted, through Article 27(14) of its Constitution and judgments such as the Eppawela Case, had similarly embraced intergenerational equity and the public trust doctrine.

“In the absence of robust regional institutions, courts become de facto arenas for transnational accountability,” Justice Kant said. “Judicial pronouncements influence executive behaviour, compel environmental reporting, and often drive policy reform.”

Towards A Regional Judicial Framework

Justice Kant proposed the establishment of a Joint Commission on Marine Ecology empowered to issue ecological advisories, the creation of data-sharing protocols on pollution and fisheries management, and judicial workshops under BIMSTEC to develop common interpretive standards for environmental rights.

He also announced that the Chief Justice of Sri Lanka, Justice P. Padman Surasena, along with other judges of the Sri Lankan Supreme Court, is expected to visit India later this year or early next year, a visit he described as “particularly significant” for advancing regional judicial dialogue.

“The Bay Of Bengal Does Not Divide Us; It Binds Us”

In conclusion, Justice Kant said environmental cooperation between India and Sri Lanka “is not a matter of charity or diplomacy—it is a matter of survival.”

“The Bay of Bengal does not divide us; it binds us through a shared ecological fate,” he said. “Let us reimagine the Indo–Sri Lankan partnership not merely as a bilateral relationship but as a collective guardianship of the Indian Ocean commons—where our cooperation is measured not in treaties signed, but in ecosystems restored and communities made resilient.”

Justice Kant's address, delivered during his maiden visit to Sri Lanka, was attended by members of the Sri Lankan judiciary, faculty and students of the University of Colombo, and senior officials from environmental and legal institutions.