Judicial Environmentalism - The Expanding Role Of Indian Constitutional Courts In Environmental Governance
- IJLLR Journal
- Feb 1
- 2 min read
Pavan Gowda S P, LLM, Constitutional and Administrative Law, CHRIST (deemed to be) University, Bengaluru.
ABSTRACT
Largely due to the institutional ineffectiveness and ineffective statutory enforcement, the Indian judiciary has emerged to be a significant actor in environmental governance of the country. This article examines what is known as judicial environmentalism where through ingenious interpretations of Articles 21, 32 and 226 of the Constitution, the courts have transformed environmental protection into a constitutional obligation that must be implemented by the judiciary. One should begin with the early case like Rural Litigation & Entitlement Kendra case Subhas Kumar v. The judiciary of State of Bihar gradually added to the definition of the right to life the right to a healthy and clean environment. Such doctrines as the polluter pays, precautionary principle and the doctrine of public trust were further refined in classic judgments in the M.C. Mehta series, and in the Vellore Citizens Welfare Forum, to fill in gaps caused by legislative and executive inertia. Though the interventions have enhanced environmental justice and given voice to individuals through the virtue of Public Interest Litigation, it has also created concerns over judicial overreach and separation of powers. Relying on ad hoc expert commissions and constant monitoring of the courts is doubtful due to the lack of institutional capacity and a democratic check. In order to solve these problems, the paper suggests that a more empowerment of specialized institutions like the National Green Tribunal, enhance judicial access to expertise in the sciences and change the statutory regimes to permit the evolution of doctrine. The research demonstrates an advanced description of the manner in which judicial environmentalism has not only stretched the limits of constitutional rights, but also stretched limits of judicial power in India, through a critical review of case law, academic writing, and international influence.
Keywords: Judicial environmentalism; Indian constitutional courts; Environmental government; Article 21; Articles 32 and 226; Public interest litigation; Precautionary principle; Public trust doctrine; Sustainable development; Judicial activism; National green tribunal; Environmental justice;
