Supreme Court's Role in Environmental Protection क्या है?
ऐतिहासिक पृष्ठभूमि
मुख्य प्रावधान
8 points- 1.
Article 21 (Right to Life): Interpreted broadly to include the right to a clean and healthy environment, forming the bedrock of environmental jurisprudence in India.
- 2.
Article 32 (Right to Constitutional Remedies): Allows citizens to directly approach the Supreme Court for the enforcement of fundamental rights, including the right to a clean environment, through PILs.
- 3.
Public Interest Litigation (PIL): A crucial tool that enables any public-spirited individual or organization to bring environmental issues before the court, often on behalf of marginalized communities.
- 4.
Judicial Activism: The Court has often gone beyond mere interpretation to issue detailed guidelines, monitor their implementation, and sometimes step into the executive domain to ensure environmental compliance.
- 5.
Key Principles: The Court has evolved and applied principles such as the Polluter Pays Principle, Precautionary Principle, Sustainable Development, Public Trust Doctrine, and Intergenerational Equity.
- 6.
Establishment of NGT: The Supreme Court's directives and the recognition of the need for specialized environmental adjudication led to the establishment of the National Green Tribunal (NGT).
- 7.
Article 142: The Court often invokes its extraordinary powers under Article 142 to do 'complete justice' in environmental matters, issuing directions that might not be explicitly covered by existing laws.
- 8.
Monitoring Committees: The Court frequently appoints expert committees to oversee the implementation of its orders and provide technical guidance.
दृश्य सामग्री
Supreme Court's Environmental Jurisprudence: Pillars & Impact
This mind map illustrates the foundational aspects of the Supreme Court's proactive role in environmental protection, covering its constitutional basis, key principles, and landmark contributions.
Supreme Court's Role in Environmental Protection
- ●Constitutional Basis
- ●Key Principles Evolved
- ●Mechanisms & Approach
- ●Landmark Judgments
- ●Recent Interventions
हालिया विकास
5 विकासContinuous monitoring of air pollution in Delhi-NCR, issuing directives to Union and state governments on stubble burning, vehicular pollution, and industrial emissions.
Intervention in cases of deforestation, illegal mining, industrial pollution, and waste management.
Emphasis on the 'polluter pays' principle and directing payment of environmental compensation for damages.
Ongoing debate on the extent of judicial overreach versus necessary judicial activism in environmental matters.
Recent directives on climate change and its potential impact on fundamental rights, pushing for a more proactive stance on climate action.