Environmental Jurisprudence In India: The Role Of Judiciary And NGT
- IJLLR Journal
- Mar 29
- 1 min read
Shristi Yadav, B.A.LL.B., Amity Law School, Amity University, Uttar Pradesh, Lucknow
Mr. Adarsh Singh, Assistant Professor, ALS, Amity University, Uttar Pradesh, Lucknow
ABSTRACT
The growth of environmental jurisprudence in India reflects a dynamic interaction between legislative measures and judicial interpretation aimed at addressing environmental challenges. This paper examines the development of environmental law in India, focusing on its gradual transformation through statutes and judicial decisions. It analyzes the constitutional framework relating to environmental protection, particularly the interpretation of the right to life under Article 21, along with the relevance of Directive Principles of State Policy and Fundamental Duties.
The study further discusses core principles of environmental jurisprudence, including sustainable development, the precautionary principle, the polluter pays principle, and intergenerational equity, as recognized and applied by Indian courts. Special attention is given to the role of the judiciary in advancing environmental protection through innovative approaches such as public interest litigation and expansive judicial reasoning. Additionally, the paper evaluates the establishment and functioning of the National Green Tribunal (NGT) as a specialized forum for environmental adjudication, highlighting its contribution as well as its limitations. By bringing together doctrinal analysis and judicial trends, the paper emphasizes the continuing importance of judicial institutions in promoting environmental justice and ensuring a balance between development and ecological preservation. The study concludes by suggesting the need for stronger institutional mechanisms and consistent enforcement to achieve long-term environmental sustainability in India.
Keywords Environmental Jurisprudence, Judicial Role, National Green Tribunal, Sustainable Development, Article 21, Environmental Principles, Public Interest Litigation, Environmental Governance, Constitutional Provisions, India
