Ubi Jus Ibi Remedium In Environmental Jurisprudence: A Critical Analysis Of Judicial Remedies In India
- IJLLR Journal
- Dec 29, 2025
- 2 min read
Bharat Sharma, Research Scholar, Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith (Rajasthan)
Dr. Aparna Tiwari, Associate Professor, Department of Sociology, Banasthali Vidyapith (Rajasthan)
ABSTRACT
The principle of ubi jus ibi remedium or "where there is a right there is a remedy," is at the heart of justice and legal repair in democratic regimes. In the Indian environmental law context this principle has gained further significance and assumed greater importance due to the impact of judicial activism where the constitutional right to life under Article 21 has been read to include the right to clean and healthy environment. This research paper critically examines the use of the maxim in the environmental jurisprudence of India and, in particular, in the evolution of the judicial remedies for the protection of environmental rights. The paper examines several landmark judgments of the Supreme Court and the National Green Tribunal to explain the role of the judiciary in bridging the gap between the law and practice. Further, it identifies structural and procedural challenges that are negatively impacting the provision of effective remedy, including weak mechanisms for implementation, low institutional capacity, and a lack of technical skills. To that end, the paper argues that a wide range of reforms is necessary in order to make remedial machinery more effective, including improvements in enforcement regimes, the inclusion of environmental expertise in adjudication, and public legal education. This paper performs a content analysis of court rulings from the past decade, alongside a gap analysis of the legal gaps and suggests a more powerful norms approach (including rights norms) as the optimal path forward for environmental governance. While the maxim ubi jus ibi remedium has a long way to go before becoming a reality, it must be followed as a doctrine that is enforceable in law and that ensures timely effective and inclusive remedies for environmental harm in the Indian context.
Keywords: Environmental Jurisprudence, Ubi Jus Ibi Remedium, Judicial Remedies, Indian Constitution Article 21, National Green Tribunal
