SYMBIOSIS LAW SCHOOL, HYDERABAD

SYMBIOSIS INTERNATIONAL (DEEMED) UNIVERSITY,

PUNE

TUTORIAL 1

LITERATURE REVIEW AND RESEARCH GAPS

PROJECTS AND PRESENTATIONS

Submitted by:
Disha Malkani
DIV B
18010323075
2018-2023

In
January,
2023

Under the guidance of

Dr. Sanu Rani Paul
 JUDICIAL ACTIVISM IN ENVIRONMENTAL LAW

Judicial activism in environmental law in India refers to the active role that the Indian
judiciary has played in interpreting and adjudicating laws related to the environment. This has
included issuing orders and directives to government agencies and private entities to address
environmental concerns, as well as hearing and ruling on cases brought before the courts by
individuals and organizations seeking to enforce environmental laws.

The Indian judiciary has been instrumental in interpreting laws such as the Forest
Conservation Act, the Water (Prevention and Control of Pollution) Act, and the Wildlife
Protection Act, and has used its powers to order the government to take action to protect the
environment. This has led to the development of a body of case law that has helped to clarify
the obligations of the government and private actors under these laws and has helped to
protect the environment in India. Some examples of cases where the Indian judiciary has
played an activist role include the Indian Supreme Court's recognition of the "public trust
doctrine" in relation to natural resources, and its use of this doctrine to order the closure of
polluting industries and the restoration of damaged ecosystems.

LITERATURE REVIEW

In recent years, the Indian judiciary has also been active in addressing issues related to
climate change and the rights of indigenous communities. The courts have passed several
judgments directing the government to take measures to mitigate the impact of climate
change and protect the rights of indigenous communities affected by development projects.

The following is the literature that was reviewed as a part of the study conducted by the
researcher:

1. Judicial Activism (2008), The Indian Journal Of Political Science1

This study seeks to deal with topics that include what is judicial activism? What role does the
Indian Constitution play in judicial activism? How did the notion of judicial activism emerge
in Indian politics? How far has judicial activism enhanced the standard of administration in
India?

1
Semwal, M. M., & Khosla, S. (2008). JUDICIAL ACTIVISM. The Indian Journal of Political Science, 69(1),
113–126. http://www.jstor.org/stable/41856396
2. Politics Of Environment & Development In India (2007), The Indian Journal of
Political Science2
This paper delves into the effectiveness of judicial activism in addressing environmental
issues. This helped in understanding the relationship between the courts and environmental
activism.

3. Status of Sustainable Development as a Principle of National and International Law:

The Indian Approach (Journal of Environmental Law 1997)3

Judicial activism in environmental law has been a prominent topic in India for several
decades. The Indian judiciary has performed a crucial function in determining policies and
regulations relating to environmental conservation, preservation, and ecological
sustainability, and has issued numerous landmark decisions to protect the environment. In
this paper the author discusses one such judgement, namely the 1996 decision in the Vellore
Citizen's Welfare Forum v. Union of India case, where the Supreme Court of India
established numerous principles for environmental conservation and protection.

4. P Leelakrishnan : Environmental Law in India4

The author has perused the commentary on Environmental Law by Leelakrishnan P.,
Environmental Law in order to understand the fundamental concepts and principles that
govern Environment Legislation, Sustainable Development and the legal principles laid down
by courts.

2
Singh, R. S. (2007). POLITICS OF ENVIRONMENT & DEVELOPMENT IN INDIA: (With special
reference to activism of democratic institutions). The Indian Journal of Political Science, 68(4), 751–758.
http://www.jstor.org/stable/41856373
3
D. Shanmuganathan and L.M. Warren, Status of Sustainable Development as a Principle of National and
International Law: The Indian Approach, Journal of Environmental Law, Vol. 9, No. 2 (1997), pp. 387-402 (16
pages), Oxford University Press
4
Law on the Environment, P Leelakrishnan : Environmental Law in India, 6th edn, Chapter 7
5. Commentary by DD Basu on the Constitution of India, Art 48A (Protection and
improvement of environment and safeguarding of forests and wildlife)5

The author has referred to this commentary on the provisions within the constitution
stipulating the aims and objectives of our newly formed nation; namely as a part of the
Directive Principle of State Policy in Part IV of the Constitution. The enabled the author to
obtain a constructive summary of the significance of Environmental activism form the very
inception of our democracy.

6. Gautam Bhatia, The Environment – Indian Constitutional Law and Philosophy.

(2019)6

In this article, the author states that Justice is an indivisible concept. We cannot, therefore,
discuss contemporary Supreme Court judgments without also acknowledging the Court’s
failure. This paper contains a detailed study analysing the records of such violations.

7. The Judicial Activism of Inaction: India’s National Green Tribunal and the
Reeducation of U.S. (2020); Journal UCLA Journal of International Law and
Foreign Affairs7

This study helped in forming an overall understanding of how environmental law issues are
dealt with by other nations and involves a cross country comparison from the point of view of
Judicial activism. The author will be elaborating on the same in this paper.

5
DD Basu: Commentary on the Constitution of India, 9th ed, Vol 7, Articles 36 – 79, [Art 48A] [Protection and
improvement of environment and safeguarding of forests and wild life
6
Gautam Bhatia, The Environment – Indian Constitutional Law and Philosophy. (2019). Retrieved 20 January
2023, from https://indconlawphil.wordpress.com/category/article-21-and-the-right-to-life/the-environment/
7
McDonald, Erika Publication (2020), The Judicial Activism of Inaction: India’s National Green Tribunal and
the Reeducation of U.S.; Journal UCLA Journal of International Law and Foreign Affairs,
https://escholarship.org/uc/item/85n9v6k3, 25(1)
8. Social Movements–Judicial Activism Nexus and Neoliberal Transformation in
India: Revisiting Save Chilika Movement, Sociological Bulletin8
This paper aided in understanding the role and rights of indigenous communities in the field
of environmental activism. Including discussion on the difficulties and challenges faced by
those involved in developing an effective plan.

9. Nawneet Vibhaw, Environment, Energy And Climate Change9

This book enumerated the influence of climate change on this divisive subject matter and
argues that the urgent need for global attention on this bourgeoning issue triumphs all
arguments and counter arguments and thus must be absorbed into our federal judicial
philosophy.

10. P.I.L. and Environment Protection, International Journal of Research in all

Subjects in Multi Languages (2014)10
The author in this paper has supported highlighted the landmark cases where the courts have
actively endorsed the principles of sustainability and sustainable development and the impact
of their efforts on the landscape of environmental protection policies. This paper helped in
obtaining a holistic understanding of the principles of sustainability and its evolution.

11. Judicial Activism for Environment Protection in India, International Research

Journal of Social Sciences (2015)11
The components of this publication demonstrate that the effective implementation of judicial
activism in accomplishing transformational societal change is debatable. It finds that, while

8
Das, L. K. (2018). Social Movements–Judicial Activism Nexus and Neoliberal Transformation in India:
Revisiting Save Chilika Movement. Sociological Bulletin, 67(1), 84–102. http://www.jstor.org/stable/26625729
9
Nawneet Vibhaw, Environment, Energy And Climate Change, 1st Ed, Chapter 6: Environment Protection
Laws
10
Dr. Minal H. Upadhyay, P.I.L. and Environment Protection, International Journal of Research in all Subjects
in Multi Languages, Vol. 2, Issue: 3, March2014 (IJRSML) ISSN: 2321 – 2853,
http://www.raijmr.com/ijrsml/wp-content/uploads/2017/11/IJRSML_2014_vol02_issue_03_01.pdf
11
Mahajan Niyati, Judicial Activism for Environment Protection in India, International Research Journal of
Social Sciences, ISSN 2319–3565 Vol. 4(4), 7-14, April (2015) Int. Res. J. Social Sci, Available online at:
http://www.isca.in/IJSS/Archive/v4/i4/2.ISCA-IRJSS-2014-327.pdf
the court has laid a solid framework for ecological preservation, the advances ushered in by
judicial activism have also been inadequate to produce satisfying results.

12. Shyam Divan, A mistake of judgment. (2023)12

In this article, the author puts forth that political differences impact the effectiveness of the
judiciary, and it is suggested that those nations that are prioritising environmental activism
face the serious challenge in finding the right formula.

13. Role of the Supreme Court of India in Environmental Protection, International

Journal of Humanities and Social Science Invention (2022)13

This article evaluates how the Supreme Court of India has not only prioritised constitutional
and legislative requirements surrounding environmental preservation, but has also given
directives to the authorities tasked with environmental protection. This article aims to
examine the Supreme Court's many rulings in which its activism is manifested.

14. Judicial Activism Vis-À-Vis Environmental Law, IIPA Digest (2022)

Several noteworthy rulings by the Indian judiciary have backed India's environmental
regulations. This research hypothesises that, as a result of its highly active attitude, Indian
courts are increasingly adopting a realism approach in resolving disputes.

15. Constitutional Jurisprudence Towards Environmental Protection In India (2013),

Madras Law Journal14

12
Shyam Divan, A mistake of judgment. (2023), https://www.downtoearth.org.in/blog/a-mistake-of---judgment-
14470
13
Role of the Supreme Court of India in Environmental Protection, International Journal of Humanities and
Social Science Invention (IJHSSI) ISSN (Online): 2319 – 7722, ISSN (Print): 2319 – 7714 www.ijhssi.org ||
Volume 11 Issue 12 December. 2022 || PP. 85-90 https://www.ijhssi.org/papers/vol11(12)/J11128590.pdf
14
Viplav Baranwal and Rachi Singh, CONSTITUTIONAL JURISPRUDENCE TOWARDS
ENVIRONMENTAL PROTECTION IN INDIA (2013), Madras Law Journal - Civil (Journal Article), Volume
8
Within this study, the author makes the argument for the benefits of development and its
inevitability, while also agreeing that environmental protection should be prioritised within
the existing politico-constitutional framework. While there is room for further strategy on the
part of democratic systems, the legislature and judiciary each play vital roles in the protection
of the environment and the development of the nation.

Overall, the literature suggests that the Indian judiciary has played a vital role in interpreting
and implementing environmental laws and policies in India and has been instrumental in
protecting and preserving the environment. However, some scholars also argue that the
judiciary has overstepped its bounds in some cases, and that a more collaborative approach
involving the executive and legislature would be more effective in addressing environmental
issues.

It's important to note that a literature review would require a more extensive and detailed
research, including the examination of numerous sources such as case laws, journal articles,
books, and other relevant materials. This summary is based on the limited knowledge cut-off,
and it's not intended to be a comprehensive literature review.

RESEARCH GAPS

According to the author, research on judicial activism in environmental law in India has been
extensive, covering various aspects such as the role of the judiciary in interpreting and
implementing environmental laws and policies, landmark judgments passed by the courts,
and the impact of these judgments on environmental protection and conservation. However,
there may be some gaps in the literature. Some potential research gaps on the topic of judicial
activism in environmental law in India include:

1. The effectiveness of judicial activism in addressing environmental issues: While there is a

significant amount of literature on the role of the judiciary in interpreting and
implementing environmental laws and policies, there may be a need for further research
to evaluate the effectiveness of judicial activism in addressing environmental issues in
India.
2. The comparative analysis with other countries: Research on judicial activism in
environmental law in India has primarily focused on the Indian context. However, there
may be a need for a comparative analysis with other countries to understand the global
perspective on judicial activism in environmental law and how India's approach compares
to other countries.

3. The role of the judiciary in addressing Climate Change: There is a growing body of
literature on the role of the judiciary in addressing Climate change, however, research on
how Indian judiciary is addressing Climate Change specifically is less.

4. The impact of judicial activism on sustainability and sustainable development: While

there is a significant amount of literature on the role of the judiciary in interpreting and
implementing environmental laws and policies, there may be a need for further research
to evaluate the impact of judicial activism on sustainability and sustainable development
in India.

5. The role of the judiciary in addressing the rights of indigenous communities: While there
is literature on the role of the judiciary in addressing issues related to the rights of
indigenous communities, there may be a need for further research to understand the
impact of judicial activism on the rights of indigenous communities in India specifically.

It's important to note that these are potential research gaps, and more research may have been
conducted, that the author is at present unaware of.