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Judicial Green Guardianship: The Role Of The Supreme Court In Halting Tree Cutting At Hyderabad




Himanshi Gahlaut, Vivekananda Institute of Professional Studies, GGSIPU, Delhi


ABSTRACT


This article examines the role of the Indian Supreme Court as a proactive guardian of environmental rights, focusing on its intervention in halting tree felling at the University of Hyderabad. Amid growing concerns over urban development threatening ecological balance, the Court’s action underscores the concept of “Judicial Green Guardianship” where the judiciary acts to protect the environment in the absence of timely executive or legislative intervention.


The analysis begins with the constitutional and legal framework that empowers the judiciary in environmental matters, including Articles 21, 48A, and 51A(g) of The Constitution of India, 1950 along with relevant environmental laws. It then explores the Hyderabad case, highlighting the public interest litigation, civil society mobilization, and the Supreme Court’s rationale in issuing an interim stay on tree cutting.


By situating this case within a broader judicial trend, the article reviews past landmark decisions that shaped India’s environmental jurisprudence. The piece concludes by advocating for a balanced and collaborative approach where courts, policymakers, and communities work together to ensure sustainable development while preserving India’s natural heritage.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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