The Aravalli Judgment And The Precautionary Principle: A Critical Assessment Of Environmental Jurisprudence Of India
- IJLLR Journal
- 3 days ago
- 1 min read
Mr. Achint Dubey, Assistant Professor of Law at Centurion University of Technology and Management, Odisha
Ms. Shraddha Suman Paikray, Assistant Professor of Law at Centurion University of Technology and Management, Odisha
ABSTRACT
The Supreme Court of India approved a uniform definition of the Aravalli Hills on 20 th November 2025 by approving the suggestion of committee that a landform must be at least 100 meters above local relief to qualify as part of the Aravalli Hills. This decision in In Re: Issues relating to definition of Aravali Hills and Ranges, has created widespread controversy with regard to environmental law within India. It appears likely that this decision will take away legal protections from approximately 90 percent of the Aravalli range. The Aravalli are among the oldest mountain ranges in the world and serve as a significant natural barrier to prevent desertification. This paper examines whether the approach of Supreme Court of India in this case represents a departure from the precautionary principle that has been a cornerstone of environmental jurisprudence in India since Vellore Citizens' Welfare Forum v. Union of India judgement. Specifically through this doctrine analysis the researchers will argue that by accepting an elevation based definition for what constitutes the Aravalli Hills, despite clear evidence of ecological continuity the Supreme Court raised serious concerns regarding the application of constitutional environmental principles in contemporary times.
Keywords: Sustainable Development, Precautionary Principle, Inter- Generational Equity, Environmental Degradation, Climate Change
