The Green Bench: Shaping Environmental Jurisprudence Of India Through Judicial Activism
- IJLLR Journal
- 1 day ago
- 1 min read
Jagriti Roy, ICFAI University, Dehradun
ABSTRACT
In India, Environmental degradation has emerged along with the urbanisation and industrialisation that is to say development at the cost of ecological health. Almost every major river across the India bears the burden of the pollution resulting from the unplanned industrialisation and poorly executed developmental policies. Air, water, soil and other natural resources have been suffering due to their overexploitation in the race for socio-economic development. Despite having numerous central legislations and international commitments to protect environment, enforcement has often been inconsistent and weak. However, Indian judiciary has played an instrumental role through the exercise of judicial activism, stepping in to safeguard the environment when administrative and legislative measures fall short.
This paper study the judicial interventions that have significantly transformed the environmental governance in India. By invoking Article 21, 32 and 226 of the Indian Constitution. Further, the legislative action has placed a constitutional obligation on the state as well as on the citizens to protect and preserve the environment, through the PART IV and PART IV A of the Indian Constitution respectively.
This paper argues the evolution of environmental jurisprudence in India rests upon the guiding concept of sustainable development which seeks harmony between the economic growth and ecological health. This principles of Precautionary Principle and Polluter Pays Principle are the foundation for this protective approach to bridge the gap between the development and ecological cost.
Keywords: Environmental jurisprudence, judicial activism, Ecological health, precautionary principle, polluter pays.
