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The Preamble's equality commitment informs climate justice jurisprudence. Which principle best reflects this application?
- Equal emission rights for all countries regardless of development
- Common but differentiated responsibilities: developed nations bear greater burden for historical emissions while supporting developing nations' sustainable development
- No climate action to avoid economic costs
- Climate policy determined solely by market forces without state intervention
Answer: Common but differentiated responsibilities: developed nations bear greater burden for historical emissions while supporting developing nations' sustainable development
Equality and climate justice from Preamble: (a) Preamble's equality promise: Not just formal equality but substantive measures to address structural inequalities, including intergenerational, global inequalities, (b) Climate justice principle: Common but differentiated responsibilities (CBDR): (i) Common responsibility: All nations must act on climate change as shared global challenge, (ii) Differentiated responsibilities: Developed nations bear greater burden due to historical emissions, greater capacity, while supporting developing nations' sustainable development, (c) Constitutional operationalization: (i) Article 21: Right to healthy environment interpreted to include climate action, intergenerational equity, (ii) Directive Principles (Article 48A): State duty to protect environment, forests, wildlife, (iii) Fundamental Duties (Article 51A(g)): Citizen duty to protect environment, (d) Applications: (i) Vellore Citizens (1996): Recognized sustainable development, precautionary principle, polluter pays as part of environmental law under Article 21, (ii) Climate litigation: Emerging cases challenge coal projects, emission norms based on right to healthy environment, intergenerational equity, (iii) International engagement: India's climate commitments (NDCs) reflect CBDR principle, balancing development needs with global responsibility, (e) Illustrates substantive equality: Preamble's equality promise operationalized through climate justice; balance between historical responsibility, current capacity, future needs essential for equitable, effective climate action.