What is Role of Judiciary in Environmental Protection?
Historical Background
Key Points
8 points- 1.
Interpretation of Article 21: The Supreme Court has expanded the 'Right to Life' to include the right to a clean and healthy environment.
- 2.
Public Interest Litigation (PIL): Allows any citizen or organization to approach the courts (Supreme Court under Article 32 or High Courts under Article 226) on behalf of public interest, especially environmental issues.
- 3.
Issuance of Writs: Courts issue various writs (e.g., Mandamus, Certiorari) to compel authorities to perform their environmental duties or quash illegal actions.
- 4.
Establishment of National Green Tribunal (NGT): A specialized body established in 2010 to handle environmental cases expeditiously.
- 5.
Evolution of Environmental Jurisprudence: Development of principles like Sustainable Development, Inter-generational Equity, Polluter Pays Principle, Precautionary Principle, and Public Trust Doctrine.
- 6.
Monitoring and Enforcement: Courts often monitor the implementation of their directives and environmental laws by executive agencies.
- 7.
Environmental Compensation: NGT and courts impose fines and compensation for environmental damage.
- 8.
Judicial Activism: The judiciary has often stepped in where the executive or legislature has failed to protect the environment effectively.
Visual Insights
Judiciary's Proactive Role in Environmental Protection in India
Illustrates the various constitutional provisions, legal tools, key principles, and specialized institutions employed by the Indian judiciary to safeguard the environment.
Judiciary & Environmental Protection
- ●Constitutional Basis
- ●Judicial Tools & Mechanisms
- ●Key Environmental Principles Applied
- ●Specialized Institutions
- ●Impact & Challenges
Landmark Events: Evolution of Judicial Activism in Environmental Protection
Highlights key historical events and judicial interventions that shaped the proactive and expansive role of the Indian judiciary in environmental protection.
The Indian judiciary's role in environmental protection has evolved from a reactive stance to a highly proactive one, driven by constitutional interpretation, public interest litigation, and the establishment of specialized tribunals. This timeline showcases how landmark cases and legislative developments have shaped environmental jurisprudence in India.
- 1972Stockholm Conference (Global push for environmental law, influenced Indian policy)
- 1980Forest (Conservation) Act (Early legislative step)
- 1984Bhopal Gas Tragedy (Catalyst for increased judicial and legislative action)
- 1986Environment (Protection) Act (Comprehensive environmental legislation)
- 1991Subhash Kumar v. State of Bihar (SC ruled right to clean environment under Art 21)
- 1996Vellore Citizens' Welfare Forum v. UOI (SC applied Polluter Pays & Precautionary Principles)
- 2002M.C. Mehta cases (Ongoing directives on pollution, Taj Trapezium, vehicular pollution)
- 2010National Green Tribunal Act enacted (Established specialized environmental court)
- 2015-2026NGT & SC orders on Delhi Air Pollution, Waste Management (Ongoing proactive role in contemporary issues)
Recent Developments
5 developmentsNGT's increasing assertiveness in imposing penalties and directing environmental restoration.
Supreme Court's continued emphasis on the 'polluter pays' principle and strict liability.
Debate on the scope of judicial review and potential overreach into policy-making.
Focus on using scientific evidence and expert committees in environmental litigation.
Judicial interventions in major environmental issues like air pollution in Delhi, river cleaning projects, and forest protection.