Judicial Creativity And Sustainability Of Resources In India

Fandon Priya Birender Singh, Tamil Nadu National Law University

ABSTRACT

The project aims to explore the intricate relationship between judicial creativity and the sustainability of resources in the context of the Indian legal system. Judicial creativity refers to the innovative interpretation and application of laws by the judiciary to address evolving legal, social, and environmental challenges. This project focuses on how judicial creativity can contribute to the sustainable management of resources in India, considering the country's diverse legal landscape and environmental concerns.

• Introduction:

Despite increased support for sustainable development within national and international legal frameworks, there is still potential for improvement in implementation. In recent years, significant attention has been focused on the role of the higher courts in establishing and supervising policies relating to pollution control, forest preservation, and wildlife conservation. Inconsistencies in policymaking and executive agency capabilities have frequently led to judicial interventions. The judiciary has played an important role in moving environmental legislation forward by creatively interpreting constitutional provisions. In India, the higher court has long recognised the right to a clean and safe environment, which has progressed from simple legal recognition to the level of a basic right since the late 1980s. This awareness has prompted legislative action and encouraged innovative decision-making to solve environmental challenges.