Abstract

Most countries' policy developments toward effective environmental management and conservation
have benefited from international developments. The Stockholm Conference is recognized as a
watershed moment in history, as it prompted most governments to pass legislation to protect the
environment. This fact holds true for India as well. However, India has always had its own set of
constraints when it comes to enforcing all laws with socioeconomic implications. Environmental
rules also have the impact of restricting development and economic activities, thus it has been a
challenge all along. This was hampered even more by the slow pace at which such laws were
developed. Following the Bhopal gas leak tragedy, India's environmental consciousness shifted in a
number of ways. Following this tragedy, the Environment Protection Act of 1986 was enacted, as
well as a number of other statutes.

Despite all of the statutory changes, India's conservation situation was not good. This difficult
responsibility was subsequently taken over by the country's activist judiciary, which construed the
constitution to include the right to a clean and healthy environment. With the exception of Part III of
the Constitution, the Indian judiciary has positively interpreted many laws and promulgated several
doctrines for the first time. Apart from allowing for a more lenient interpretation of the legislation,
such activism also helped in implementation. Several industries were forced to close, and many
more were forced to relocate. Even the environmental clearance system was pushed forward by the
judiciary, which overturned multiple administration acts in approving unsustainable projects. The
purpose of this article is to assess the role of the Indian court in the development and
implementation of environmental protection laws. The author establishes in this article that the
judiciary has provided more than the other branches of government. In this sense, the authors also
finds that judicial activism has played a very good impact. For this, the authors examines pertinent
legislation provisions as well as significant judicial rulings on environmental issues.

Introduction

Following the Stockholm Conference in 1972, legal measures aimed at environmental conservation
gained traction. It was clear by this point that neglecting the environment and overusing resources
was no longer an option. It would not be wrong to say that international fora have influenced
environmental policy in the majority of countries. This is especially true in the case of India. In the
seventh decade of the twentieth century, India passed a number of environmental regulations.
However, until 1986, when the Environment Protection Act was created, the demand for umbrella
law in this area went unmet. This seems to have been a lesson learned in the aftermath of the
Bhopal gas disaster, and the legislative void was intended to be addressed as soon as possible.
Despite these efforts, legislative sluggishness and incompleteness persisted, and India's rich corpus
of environmental laws would not have grown without the active participation of the country's
judiciary. The Supreme Court of India has created a large corpus of law that protects people's
fundamental right to live in a safe and healthy environment. 1 The Supreme Court of India has
considerably expanded the procedural right of Indian citizens to bring environmental-related
challenges against the government and its agencies through the establishment of Public Interest
Litigation.2 Beyond the language of the law, the judiciary has tackled a variety of environmental

1
M.C. Mehta v. Kamal Nath AIR 2000 SC 1997
2
Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802
challenges relating to the country's rapid economic expansion, such as Article 21's right to live in a
clean and healthy environment.

When India gained independence, the socioeconomic condition was dominated by a small group of
wealthy landowners and a significant number of impoverished farmers. Land reforms were adopted
in the following years, and surplus private land was purchased by the state. 3 The idea behind public
policy was that farming would help people get out of poverty. Incursion on public and community
land tended to gain legitimacy as a result of this, even if it favoured the relatively wealthy over the
comparatively poor.

LEGISLATIVE EFFORTS TOWARDS CONSERVATION

The Indian Parliament has passed a number of environmental laws since independence. The Water
(Prevention and Control of Pollution) Act (hereafter referred to as the Water Act) 4 was passed by the
government in 1974 with the goal of preventing and controlling water pollution as well as preserving
and restoring water wholesomeness.5 The Water Act created the Central and State Pollution Control
Boards to oversee water pollution prevention, remediation, and control. 6 Site investigations and
information on non-compliance with any aspect of the Water Act are the responsibility of the
Boards.7 The Air (Prevention and Control of Pollution) Act (hereafter referred to as the Air Act) was
adopted by the Central Government in 1981 to provide for the prevention, control, and mitigation of
air pollution.8 The Air Act, like the Water Act, establishes Central and State Control Boards to oversee
all aspects of air quality improvement. 9 Following the Water and Air Acts, the President of India
issued the Environment (Protection) Act (hence referred to as the Environment Act) in 1986 to
address the gaps in India's fundamental corpus of environmental law. 10 The Environment Act gives
the central government extensive authority to take any and all actions required to maintain and
improve the quality of the environment, as well as to prevent, control, and abate pollution. 11 These
environmental laws, taken together, provide a foundation for the Indian people and the judiciary to
enforce environmental regulations. Finally, India's fossil fuel usage accounts for fourteen percent of
total global carbon dioxide emissions, as per the Energy Information Administration, and is expected
to rise to eighteen percent by year 2025.12 Therefore, India must confront the environmental effects
of its rapid economic expansion as it continues to need access to energy and essential technologies.

3
“Empowering People for Sustainable Development”, 2001, Approach Paper to the Tenth Five Year Plan
(2002-07), Ministry of Environment and Forests 2002.
4
The Water (Prevention and Control of Pollution) Act, 1974; the Environment (Protection) Act, 1986; and a
series of environmental legislations have been enacted in India.
5
Id., Purpose of the Water Act
6
Ibid.
7
Id., Chapter 4 Defining Powers and Functions of Environmental Control Boards under the Water Act
8
Id., Responsibilities of Boards under the Water Act
9
The Air (Prevention and Control of Pollution) Act, 1981, Purpose
10
Id., Regarding the role of Environmental Pollution Control Boards
11
The Environment (Protection) Act, 1986, providing examples of possible measures to expand
environmental protection.
12
Supra 2.
ENVIRONMENTAL PROTECTION AND THE CONSTITUTION OF INDIA

A Constitutional Amendment is India's most major legislative initiative to protect the environment.
Article 48-A, which includes a provision for environmental preservation and indicates that a clean
and healthy environment is now a mandate to state policy, was added by the Forty-second
Amendment. According to Article 48-A, the state must make every effort to safeguard and improve
the environment. Article 21, the Indian Constitution's most important fundamental rights article,
states that no one's life or personal liberty can be taken away from them unless by following a legal
procedure. The Court has broadened the right to life to encompass protection from dangerous
environmental factors under this clause. Rural Litigation and Entitlement Kendra v. State of Uttar
Pradesh13 was a pivotal case in which the Supreme Court of India addressed questions of
environmental and ecological balance as a result of a limestone mining operation. The Supreme
Court ordered the quarries to be permanently closed in its decision. The Court acknowledged that its
decision would have significant financial implications for the company, but stated that it is a price
that must be paid to protect and preserve the people's right to live in a healthy environment with
minimal disruption of ecological balance and without avoidable risk to themselves, their cattle,
homes, and agricultural land, as well as undue effect on air, water, and soil. Despite the fact that the
Supreme Court did not specifically mention Article 48-A or Article 21 of the Indian Constitution, its
decision was consistent with these fundamental environmental rights.

JUDICIAL ACTIVISM TOWARDS ENVIRONMENTAL PROTECTION

In response to perceived bureaucratic shortcomings, India's Supreme Court has taken an assertive
position on environmental law enforcement. The Court, on the other hand, issues judgements and
recommendations that are frequently too difficult to implement, resulting in increased
environmental enforcement confusion. Furthermore, the Court overlooks the logistical challenges
that come with putting their environmental protection principles into action. The Court's refusal to
set a criteria for acceptable pollution is most noteworthy; as a result, any degree of pollution may be
considered a violation.14 Furthermore, the Supreme Court continues to ignore existing
environmental legislation, instead forming its own committees and reporting systems. Rather than
taking an activist stance, the Court should support present environmental standards as well as
government actors that enforce them. The consequences of such activist acts are obvious: if the
Court begins to produce legislation, it circumvents democratic processes. By forming its own
committees, the Court is conveying to the public that committees established by legislation are
ineffective and untrustworthy. Furthermore, the Court's criticism of the government's and agencies'
activities erodes public trust in administrative proceedings. Notwithstanding some condemnation of
the Supreme Court's activist style, the Court's commitment to environmental issues has undoubtedly
raised public and governmental understanding. In India, public interest law is yet another crucial
step toward constructive judicial activism. Through the Indian legal system, it has been a major
contributor to environmental protection advances. The Supreme Court has taken measures to
acknowledge that good health is a fundamental right, as are conditions that support good health,
such as clean air and water, through Public Interest Litigation. Ultimately, the Court found that the

13
AIR 1987 SC 1142
14
AIR 1990 AP 998
need to safeguard the environment is inferred from the preservation of basic rights through a series
of instances. The judiciary has contributed to the resolution of environmental problems by dealing
with cases involving the legitimacy of environmental clearance issued to development projects. The
Judiciary is the forum where the Authority's fairness in providing Environmental clearance to a
project and its effect on the Public Interest can be adjudicated is the Judiciary. It's also about
balancing long-term development. The Indian judicial system has taken on the duty of filling up the
holes in the legal system. This also includes the judiciary's activist role in environmental protection.

Environmental Protection

Environmental law is a relatively recent area of global jurisprudence. Even three years before the
Stockholm summit, India included a comment in its IV Five Year Plan (1969–74) about incorporating
environmental factors into planning. “Recognized the unity of nature and man,” according to the IV
plan document for harmonious development. Only a complete assessment of environmental issues
can allow for such planning. There have been occasions where proper and timely environmental
advice could have aided in the design of projects and the mitigation of negative environmental
effects that result in resource loss. As a result, environmental considerations must be factored into
planning and development.”15 As a high-level advisory body to the government, a national
committee on environmental planning and coordination was established. This committee was in
charge of environmental matters.16

The right to live in a clean and healthy environment is not something that India's higher court came
up with recently. For almost a century, the legal system, particularly the judiciary, has acknowledged
the right. The right to live in a clean and healthy environment becomes a fundamental right; it is the
only distinction in today's industrialized society, and its infringement is prohibited by the Indian
Constitution. This right was recognized as a fundamental right by the Indian High Court and Supreme
Court in the late 1980s. People had had this right before the 1980s, but not as a basic right, but as a
right maintained by the courts under various statutes such as the Law of Torts, Indian Penal Code,
Civil Procedure Code, Criminal Procedure Code, and so on. Environmental rights are considered third
generation rights in today's legal world.

15
“Environmental Protection: Issues and problems”, Vol. I in Paras Divan and Peeyushi Divan (eds.)
Environment Administration Law and Judicial Attitude, op. cit, p.14
16
Vanangamudi, P, Approach of the supreme court to industrial relations and environmental protection
(2015)<http://hdl.handle.net/10603/37611>