Environmental Constitutionalism In India: Judicial Innovation And Constitutional Interpretation
- IJLLR Journal
- 3 days ago
- 1 min read
Dr. Rohitas Meena, Associate Professor, Faculty of Law, P.K. University, Shivpuri, MP.
ORCID ID: 0009-0005-0768-5617
ABSTRACT
Environmental constitutionalism represents the integration of environmental protection principles within constitutional law, transforming ecological concerns into enforceable legal rights and duties. In India, this evolution has largely been driven by judicial interpretation rather than explicit constitutional text. The Indian Constitution does not expressly guarantee a fundamental right to a clean environment; however, through creative and purposive interpretation, the judiciary has expanded the scope of Article 21 to include environmental protection as an essential component of the right to life. This paper examines the emergence and development of environmental constitutionalism in India, focusing on the judiciary’s role in shaping green jurisprudence. It analyses how constitutional provisions such as Articles 21, 48A and 51A (g) have been harmoniously interpreted to establish environmental rights, duties, and governance principles. The paper further explores landmark judicial decisions that introduced doctrines like sustainable development, precautionary principle, public trust doctrine and inter-generational equity. While judicial innovation has significantly strengthened environmental protection, the paper also critically evaluates contemporary challenges, including concerns of judicial overreach, implementation deficits and conflicts between development and environmental sustainability. The study concludes by emphasizing the need for balanced constitutional governance, where judicial activism is complemented by legislative clarity and effective executive action to achieve long-term environmental justice.
Keywords: Environmental Constitutionalism, Judicial Activism, Green Jurisprudence, Sustainable Development, Public Trust Doctrine.
