The Supreme Court’s constitutionalization of environmental issues marks a milestone in modern Indian law, using case laws to enforce sustainable practices.

Q. 1 “The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws.

Model Answer:

Introduction

One of the high priority achievements of modern law in India is the constitutionalization of environmental protection. The judiciary, particularly the Supreme Court, has played a pivotal role in this by interpreting the right to life under Article 21 of the Constitution to include the right to a healthy environment.

Body

The Supreme Court's interpretation of the right to life as encompassing the right to a clean and healthy environment is a landmark development.

• This was notably established in the case of Subhash Kumar v. State of Bihar (1991), where the Court held that the right to life includes the right to enjoy pollution-free water and air.
• In M.C. Mehta v. Union of India (1987), the Supreme Court mandated the closure of tanneries that were polluting the Ganga River, emphasising that environmental protection is an essential part of the right to life. 
• Similarly, in Vellore Citizens Welfare Forum v. Union of India (1996), the Court introduced the concept of sustainable development and the precautionary principle, reinforcing the constitutional mandate for environmental protection.
• Other significant directives include the Taj Trapezium Case (M.C. Mehta v. Union of India, 1996), where the Court ordered the relocation of industries to protect the Taj Mahal from air pollution, and the Oleum Gas Leak Case (M.C. Mehta v. Union of India, 1986), which led to the establishment of the principle of absolute liability for hazardous industries.

Conclusion

The judiciary's proactive stance has not only addressed immediate environmental concerns but has also laid down a framework for future environmental governance. The National Green Tribunal (NGT), established in 2010, is a testament to the judiciary's influence in institutionalising environmental protection mechanisms.

The Supreme Court's constitutionalization of environmental issues has been instrumental in safeguarding the environment. As India faces escalating environmental challenges, the judiciary's role in promoting sustainable development remains crucial. The continued emphasis on environmental jurisprudence is essential for balancing development with ecological preservation.

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