“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.

GS 2
Indian Polity
2022
10 Marks

Subject: Indian Polity

The Supreme Court's proactive role in environmental jurisprudence has transformed India's environmental governance through judicial activism and the innovative interpretation of constitutional provisions, particularly Article 21 (Right to Life).

Evolution of Environmental Constitutionalization

  • The Supreme Court expanded the scope of Article 21 to include the right to a clean and healthy environment through landmark judgments like MC Mehta v. Union of India (1987).
  • Integration of international environmental principles like "Polluter Pays" and "Precautionary Principle" into domestic jurisprudence through cases like Vellore Citizens Welfare Forum v. Union of India (1996).
  • Development of Public Interest Litigation (PIL) mechanism making environmental justice more accessible to common citizens.

Landmark Cases and Their Impact

  • Rural Litigation and Entitlement Kendra v. State of UP (1985): First case recognizing the Right to Environment as a fundamental right.
  • Indian Council for Enviro-Legal Action v. Union of India (1996): Established the principle of absolute liability for hazardous industries.
  • TN Godavarman Thirumulpad v. Union of India (1997): Revolutionized forest conservation and management in India.

Recent Developments and Interventions

  • The Supreme Court's 2025 intervention in Kancha Gachibowli forest case demonstrates continued judicial activism in environmental protection.
  • Implementation of new guidelines for biomedical waste management and construction waste rules focusing on Extended Producer Responsibility (EPR).
  • The Court's role in enforcing environmental regulations through regular monitoring and compliance orders.

Challenges and Way Forward

  • Need for specialized environmental courts and tribunals for faster disposal of cases.
  • Requirement of better coordination between judiciary and executive for effective implementation.
  • Strengthening scientific and technical expertise in environmental decision-making.

The Supreme Court's environmental jurisprudence has not only constitutionalized environmental rights but also created a robust framework for environmental protection through principles like "Sustainable Development" and "Inter-generational Equity". The recent intervention in the Tamil Nadu's Agasthyamalai landscape case exemplifies the judiciary's ongoing commitment to environmental protection.

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