Implementation Of Precautions In Indian Environmental Jurisprudence: A Critical Analysis
- IJLLR Journal
- May 23
- 1 min read
Arnav Sharma, Jindal Global Law School
ABSTRACT
The precautionary principle is a cornerstone of environmental jurisprudence; it mandates preventive action in cases of scientific uncertainty to avert irreversible ecological harm. Despite its strong jurisprudential foundation in India established by way of the landmark Supreme Court rulings such as Vellore Citizens’ Welfare Forum v. Union of India (1996) and A.P. Pollution Control Board v. M.V. Nayudu (1999), its practical enforcement remains inconsistent. This paper critically examines the principle’s application in pollution control, industrial regulation, biodiversity conservation, and climate change policies, highlighting systemic challenges such as bureaucratic inefficiency, weak enforcement, corporate resistance, and policy gaps. Through an analysis of judicial precedents, the role of the National Green Tribunal (NGT), and the effectiveness of Environmental Impact Assessment (EIA) regulations, the study identifies key barriers to implementation. The paper concludes with policy recommendations to strengthen precautionary governance, enhance compliance mechanisms, and promote proactive environmental protection in India. The study further incorporates emerging challenges such as climate litigation, the role of public participation, and the intersection of technology and enforcement. By synthesizing global best practices with India’s unique governance constraints, the paper proposes a roadmap for institutional reform, emphasizing decentralized enforcement, scientific advisory bodies, and financial mechanisms like "green bonds" to bridge the implementation gap.
Keywords: Precautionary Principle, Indian Environmental Law, NGT, and Environmental Policy
