Judicial Trends In Air Pollution Litigation In India: An Analysis Of Judicial Activism, Environmental Governance, And The Right To Clean Air
- IJLLR Journal
- May 20
- 2 min read
Mrunmai Kulkarni, Dr. Sujata Arya & Shuruthi J
ABSTRACT
Pollutants in the air have now become the backbone of an environmental, constitutional and public health issue in India, especially in the Delhi-NCR area. This study is a critical analysis of judicial trends in Air pollution litigation in India with a focus on Courts and law as a protection of the right’s to “clean air” as guaranteed under Article 21 of the Constitution of India. This study examines the way in which environmental jurisprudence has been enhanced by the Supreme Court of India, High courts of the states and the process of judicial activism and the use of Public interest litigations. A pollution free environment has been declared a part of the Fundamental right to life in landmark cases like M.C. Mehta v. Union of India, Subhash Kumar v. State of Bihar, and Vellore Citizens' Welfare Forum v. Union of India.
The research also assesses the efficiency of existing legislations like Air (Prevention and Control of Pollution) Act, 1981 and Commission for Air Quality Management Act, 2021 in the process of managing pollution in Delhi–NCR. It identifies the ongoing shortcomings in implementation, institutionalization and environmental governance and environmental enforcement despite continued court interventions. The study ultimately finds that while judicial activism has helped pave the way for environmental rights and environmental accountability to some extent, the implementation of administrative policies, scientific policy making, inter-governmental coordination, and the need for a comprehensive rights-based approach towards environmental governance in India are key areas that require further strengthening in order to achieve sustainable air pollution control.
Keywords: Air Pollution, Judicial Activism, Clean Air, Environmental Governance, Public Interest Litigation (PIL), CAQM, Air Act, 1981
