ENVIRONMENTAL LAW SYNOPSIS

Title of the Project Work : A critical appraisal of the judgements of Justice Kuldip Singh,
former judge, Supreme Court of India

Introduction

Right to Life under Article 21 is a Fundamental Right under the Constitution of India. The
Supreme Court has acknowledged right to clean air and environment. 1 The Indian Judiciary
has always played a pivotal role in safeguarding the environment of our country. Justice
Kuldip Singh also popularly known as the ‘Green Judge’ had played key role in developing a
new kind of environmental jurisprudence in India. In his tenure as a Supreme Court Judge,
Justice Kuldip Singh had delivered several landmark judgements like: Right to Air, Cleaning
and managing of waste by corporations, sewage management, river and lake management,
conservation of forests, noise pollution, tanneries etc. The present paper would analyze the
contributions and the saga of environmental law jurisprudence envisaged by Justice Kuldip
Singh in light of the Constitution of India, The Environment (Protection) Act, 1986, The Air
Act, The Water Act, The prevention of noise pollution act etc. The present paper would do so
by critically analyzing the judgements delivered by Justice Kuldip Singh in this regard.

Research Questions

1. Whether environment jurisprudence in India took new leaps through the Judiciary.

2. Whether the judiciary had played a key role in environmental justice in India.

Literature Review:

1. HM seervai, Constitution of India,1950 :

Introduction: this book is preferred by the researcher because this was referred by the
Supreme Court of India

Analysis: this book had given the good comments regarding the Articles of Constitution
and many cases of supreme court are compiled in this book.

Conclusion: I would recommend this book for the research purposes.

2. DD Basu’s, Introduction to constitution of India:

1
Vellore Citizens Welfare Forum vs. UoI, (1996) 5 SCC 647.
 Introduction: this book is preferred by the researcher because this is extensively giving
the practical illustrations about the sections.

Analysis : this book had given the good comments regarding the Articles of Constitution.

Conclusion: I would recommend this book for the research purposes

Research Methodology:

Nature of the study: Analytical and critical and descriptive, study

Sources of study:

Primary sources: Constitution of India,1950, Bare Acts and the Judgements of various
High Courts and Supreme Court.

Secondary sources: HM seervai, Constitution of India,1950, DD Basu’s,

Introduction to constitution of India and Black’s Law Dictionary.

Mode of citation: Blue book 20th edition.

Scope of the study: my study is confined to Indian Judicial decisions in protecting the
environment.

Significance of the study:

The protection of environment is a vital part as once the environment is damaged, it

cannot be undone and this would lead to profound consequences and it is the duty of the
three legal institutions viz., executive, judiciary and legislature to protect the
environment.

Contents/Chapters (Tentative)

1. Introduction

2. Role of Judiciary in protecting the Environment

3. Critical Appraisal of judgements of Justice Kuldip Singh

4. New Trends in Indian Judiciary in preserving environment

5. Conclusion
6. Bibliography

SUBMITTED BY:

S. Vishnu Ameya

18 LLB 090