ARTICLE ON “HOW INDIAN JUDICIARY SHOWED ITS MATURITY IN

IMPARTING ENVIRONMENTAL JUSTICE”

Keywords:- “Environment Protection, Environment Law, Judiciary & Environment, Constitution &
Environment, MC Mehta, Bhopal Gas Case, Legal Environment Developments.”

By- Ketan Aggarwal1*, National Law University Lucknow.

ARTICLE
Ketan Aggarwal – National Law University, Lucknow Article on “How Indian Judiciary Showed
Its Maturity In Imparting Environmental Justice”.

~Abstract~
This is an article that discusses the role and impacts of the
Indian Judiciary in providing Justice in the field of Environmental law, we will
also see how the judiciary maximizes its role and also frame some of the
legislation by forecasting Judicial Activism. The doctrines and laws which are
framed by the parliament but ultimately evolved by the courts will also get a
specific mention. This article which is written by Ketan Aggarwal a student of
National Law University Lucknow will place forward an International Overview,
national laws, and exceptions in the law so that this Star-crossed situation can
be administered.

TABLE OF CONTENTS

I. INTRODUCTION 2

II. DOCTRINE AND PRINCIPLES EVOLVED BY THE COURTS 3

III. THE CONSTITUTIONAL ASPECTS ON ENVIRONMENTAL LAW 5

A. THE ABSOLUTE LIABILITY DOCTRINE 5

B. PRINCIPLES OF POLLUTER-PAYS 6

C. PRINCIPLE OF PRECAUTIONARY ACTION 6

D. DOCTRINE OF PUBLIC TRUST 6

E. THE SUSTAINABLE DEVELOPMENT DOCTRINE 7

*
Ketan Aggarwal is a 2nd year law student of National Law University, Lucknow having interest in writing and researching on core
contemporary legal issues. His linked Linked ID- VIEW

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IV. PROVISIONS OF CONSTITUTION RELATED TO ENVIRONMENT 7

1. ARTICLE 47 7

2. ARTICLE 48 7

3. ARTICLE 51A (G) 8

V. CONCLUSION 9

I. INTRODUCTION

Because of India's demand for industrial expansion and political unrest, environmental
conservation did not take precedence in the post-independence period. It was important to establish
marketplaces and industries after independence so that people could get back to work and provide for
their families. Nevertheless, environmental preservation became a top focus in the wake of the Bhopal
Gas tragedy2. As a result of this catastrophe, the scope of Environmental Law in the country has
expanded, as has judicial activity.
After the first environmental protection act was passed in 1986, individuals began to exhibit an interest in
it. The act was mainly to implement United Nations Conference on Human Environments
recommendations3. According to the Act, new industries and urbanization are protected from the natural
environment. Previously, just two years after the Stockholm Conference in 19744, a key enactment was
passed. To put the conference's findings into action, the Indian Parliament made significant changes in
environmental management. Environmental protection was given constitutional standing during this
period, and as a result, the 42nd Constitutional Amendment included the environment in DPSP. Article 48
A and Article 51 A(g) of the constitution impose environmental preservation and protection responsibility
on the government and citizens, respectively. Using these clauses, courts have been able to rationalize
and build a legally binding fundamental right to the environment as a part of Article 215's Right to life
and personal liberty. The Wildlife Protection Act of 19726 and the Water (Prevention and Control of
Pollution) Act of 19747 are two examples of legislation passed by Parliament that applied across the
country.
II. DOCTRINE AND PRINCIPLES EVOLVED BY THE COURTS

2
Mishra, P.K., Samarth, R.M., Pathak, N., Jain, S.K., Banerjee, S. and Maudar, K.K., 2009. Bhopal gas tragedy: review of clinical
and experimental findings after 25 years. International journal of occupational medicine and environmental health, 22(3), p.193.
3
Hultman, M. and Pulé, P.M., 2018. Ecological masculinities: Theoretical foundations and practical guidance. Routledge.
4
Van Rooy, A., 1997. The frontiers of influence: NGO lobbying at the 1974 World Food Conference, the 1992 Earth Summit and
beyond. World Development, 25(1), pp.93-114.
5
The Constitution of India Article- 21
6
R.search.yahoo.com. 2022. [online] Available at:
<https://r.search.yahoo.com/_ylt=Awr9Ilkbghxi0SMAwRZXNyoA;_ylu=Y29sbwNncTEEcG9zAzIEdnRpZAMEc2VjA3Ny/RV=2/RE=1
646064284/RO=10/RU=http%3a%2f%2fnbaindia.org%2fuploaded%2fBiodiversityindia%2fLegal%2f15.%2520Wildlife%2520%28Pr
otection%29%2520Act%2c%25201972.pdf/RK=2/RS=2KbYM_ROn5h80sAdHttMQ0bXDbw-> [Accessed 28 February 2022].
7
R.search.yahoo.com. 2022. [online] Available at:
<https://r.search.yahoo.com/_ylt=AwrTLbMhgxxiN6QAebRXNyoA;_ylu=Y29sbwNncTEEcG9zAzEEdnRpZAMEc2VjA3Ny/RV=2/RE
=1646064546/RO=10/RU=http%3a%2f%2fmppcb.mp.gov.in%2fproc%2fWaterAct-
1974.pdf/RK=2/RS=HxartuXUqccmbIJliwLZCx_eDiI-> [Accessed 28 February 2022].

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Article 21 of the Indian Constitution ensures the right to life and liberty: "No individual shall be deprived of
his life or personal liberty except following a procedure established by law." Here, focusing on the "Life"
section of the article, we can see how it has broad outlines to support this right. Article 21 of the
Constitution does not define life as just the act of breathing. It has nothing to do with animal existence. It
has a far broader definition that includes the right to live in dignity, the right to a livelihood, the right to
health, and the right to clean air, among other things.
The word "healthy environment" refers to all-natural and biotic aspects that enable people to enjoy their
right to life in its purest form. Man has always exploited nature in his effort to make life more comfortable.
The exploitation of natural resources is caused by agriculture, industry, and infrastructure development.
Human activities produce a range of pollutants and by-products, which can build up over time and
become harmful to naturally growing plants, animals, and humans. The situation has been exacerbated
by the indiscriminate use of fertilizers and pesticides. These entities are continually creating
environmental damage. Articles 48-A, 39 (e), and 47 of the Indian Constitution additionally make it the
state's responsibility to protect the environment. So, to cope with these ever-increasing difficulties, many
acts have been enacted by parliament, but it is a court that always keeps a check on the correct
implementation of these enactments, and the judiciary has played an essential role in interpreting
environmental laws.
When the world began to feel the consequences of industrialization around the turn of the century, the
"Right to Live in a Healthy Environment" became more important.
Public Interest Litigation is one of the most important breakthroughs in the Indian judiciary (PIL). It is
known as "Jurisprudence of the Masses," and it is a new branch of law. It all began in the year 1970.
Article 20, Article 47, Article 32 (Right to Constitutional Remedies), and Article 226 (Power of High Courts
to Issue Certain Writs) of the Indian
Constitution has all been used by the High Courts to accept Writ Petitions in the form of PILs.
The 42nd Constitution Amendment Act of 19748, which incorporated Article 39-A into the Indian
Constitution to promote equal justice and free legal aid, gave the PILs constitutional backing. The PIL
urged affected persons (affected by any project), public-spirited individuals, volunteer organizations, non-
governmental organizations (NGOs), and individual judges to begin without paying any court fees. Many
notable decisions have been published as a result of PILs. Many authorities are watching the
government's activity to see if court rulings from PILs are being followed. A court-filed petition urges a
person, authority, or government to act morally. Environmental petitions have been heard by the
Supreme Court and High Courts of India under Articles 32 and 226 of the Indian Constitution, alleging
violations of Article 21. While hearing environmental lawsuits brought by environmental NGOs and

8
R.search.yahoo.com. 2022. [online] Available at:
<https://r.search.yahoo.com/_ylt=Awr9DRXekhxiGJcAWuJXNyoA;_ylu=Y29sbwNncTEEcG9zAzUEdnRpZAMEc2VjA3Ny/RV=2/RE
=1646068575/RO=10/RU=https%3a%2f%2fwww.india.gov.in%2fmy-government%2fconstitution-
india%2famendments%2fconstitution-india-forty-second-amendment-act-1976/RK=2/RS=Ibjbw4EsM2.EfdO2vP3oAHwnwSQ->
[Accessed 28 February 2022].s

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enlightened public figures like M.C. Mehta, these courts have handed down important decisions, obliging
public agencies to address pressing environmental challenges.
M.C. Mehta, Satyaranjan Sathe, Justice Kuldeep Singh, and Justice Ashok Desai have praised
judicial activism in the field of environmental preservation. It is crucial to stress, however, that judicial
activism has major limitations, and that executive laxity and environmental apathy cannot be remedied
solely through judicial activism. Lax enforcement of environmental rules cannot be made better by judicial
intervention. There is no replacement for a vigilant public and a people's movement to conserve the
environment as a check on the executive.

III. THE CONSTITUTIONAL ASPECTS OF ENVIRONMENTAL LAW

A. The Absolute Liability Doctrine

Union Carbide Company Vs. Union Of India9: The Bhopal Gas Case
According to the court's ruling, when an enterprise is involved in an activity that is both inherently
dangerous and hazardous, but no harm is caused to anyone as a result of an accident that occurs during
the operation of such a hazardous or naturally unsafe movement (such as the escape of poisonous gas),
the enterprise is legally and contractually obligated to compensate everyone who is affected by that
incident, with no exceptions. So the Supreme Court started a new trend of Absolute Liability, where there
are no exceptions to the rules.

B. Principles of Polluter-Pays
Anyone willfully contaminating another's water must not only pay damages but also clean the stream or
cistern in which the contaminated water was found. "... the philosopher Platon The Polluter-Pays Principle
has recently gained traction as a policy notion. You have an obligation to clean up after yourself if you
make a mess. Note that the "polluter pays premise" does not refer to "fault" under environmental law.
Instead, it advocates for a corrective approach centered on healing natural damage. A norm in
international environmental law stipulates that the party responsible for the pollution must pay for the
resulting injury or damage to the environment. Union of India v. Vellore Citizen's Welfare Forum10.
According to the Supreme Court, the polluter-pays principle is an integral part of environmentally friendly
growth.

C. Principle of Precautionary Action

In the Vellore Citizens Forum Writ Petition, India's Supreme Court developed the following three
precautionary principle concepts: Measures to protect the environment must be taken in advance to avoid

9
Union Carbide Corpn. v Union of India MANU/SC/0058/1992
10
Union of India v Vellore Citizen's Welfare Forum MANU/SC/0686/1996

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or minimize environmental degradation. Measures should not be delayed because of a lack of scientific
assurance. The actor bears the burden of proving that his actions are lawful.

D. Doctrine of Public Trust

The Public Trust Doctrine is based on the idea that certain resources, such as air, water, sea, and forests,
are so important to the general population that making them private property would be unfair.
Mehta v. Kamal Nath and Others11 (MCMehta)
The notion of public trust, as discussed by the court in this decision, is a rule of law in the country.

E. The Sustainable Development Doctrine

When the World Commission on Environment and Development (WCED)12 released its findings, it
became known as the 'Brundtland Report13,' in honor of WCED Chairperson Gro Harlem Brundtland.
"Development that fulfills present demands without compromising future generations' ability to satisfy
their own needs" is what the Brundtland Report means by sustainable development. The courts must
establish a balance between economic growth and environmental protection.

IV. PROVISIONS OF CONSTITUTION RELATED TO ENVIRONMENT

1. Article 4714-A state's obligation to improve public health and nutrition is spelled out in Article 47. One
of the fundamental tasks of the state is to raise the nutritional level, the standard of living, and the
general health of its citizens. In particular, the state should work to make it illegal to consume
intoxicating beverages and substances that are harmful to health, except for medicinal purposes.
2. Article 4815-"Protection and improvement of the environment, including protection of forests and
wildlife" Article 48 The government must work to improve and conserve the environment, as well as
the country's forests and wildlife.
3. Article 51A (g)16:-"to safeguard and promote natural environments such as forests and wildlife and to
have sympathy for living animals;"

V. CONCLUSION

Primitive civilization values adversity, they are nourished by adversity. Conditions and society are
closely linked in this way, and society has the responsibility of securing them. These Acts were enacted
to ensure the country's situation and are appropriately deciphered in India by the official courtroom.

11
Mehta v. Kamal Nath and Others MANU/SC/1007/1997
12
Cox, R., 2013. Environmental communication and the public sphere. Sage.
13
Keeble, B.R., 1988. The Brundtland report:‘Our common future’. Medicine and war, 4(1), pp.17-25.
14
The Constitution of India Article- 47
15
The Constitution of India Article- 48
16
The Constitution of India Article- 51(A)(g)

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 Legal executives in India have a keen awareness of security issues. The Supreme Court has
reshaped its institutional role to quickly grant citizens advantages to clean and sound circumstances and
even to compel the state to make good undertakings. The legal executive has a commitment to protect
the world, but so does every nation and every one of its citizens.
However, notwithstanding the Supreme Court's ruling, the use of firecrackers during Diwali in the
region grows significantly. The quality of the air degraded rapidly the following morning, indicating that
humans are disobedient to authority. It should be noted that despite the Supreme Court's strong stance
on environmental issues, a widespread subculture of environmental safety has gradually faded away. It's
beyond a shadow of a doubt that the Supreme Court's distant orders can no longer have the desired
impact when shielded from view. Awareness of environmental issues should be ingrained in the human
mind from an early age. Also, govt must take an upbeat stance in a safe environment, something they
have utterly failed to do thus far. The moment has come for the government to join in on this effort and
offer its support.

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