Beyond Legislation: The Role of Judicial Activism in Securing the Right to Environment
Keywords:
Environement, Judicial Activism, Climate Change, Article 21Abstract
Environmental health is fundamental to the security of life. Therefore, a lack of strong environmental law can mean wilful erosion of the future. Articles 48-A and 51-A of the Indian Constitution mandate the State and every citizen to protect the environment. To enforce the same, the Union Parliament has ad nauseam enacted multiple laws such as the Environment Protection Act, Wildlife Protection Act and the Forest Conservation Act. These legislations provide for a framework of protection, but fall short of addressing the growing environmental challenges and have evidenced insufficient to address new concerns such as climate change, weak penalties, policy conflicts and economic pressure. In such scenarios, the role of the judiciary becomes pivotal to ensure the protection of natural resources and secure the future. Situations of judicial interruption have arisen time and again that shaped Indian environmental jurisprudence. The Supreme Court, in various landmark cases, has recognised that the right to a clean environment is a part of the right to life under Article 21 of the Constitution.
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References
1. Vaishali Rawat, "Greenlight for destruction: Controversial Forest Act opens door to
unfettered deforestation", The Hindu, Jan. 10, 2024.
2. Ayesha Dias, "Judicial Activism in India in the Development and Enforcement of
Environmental Law" 6 Journal of Environmental Law 245 (1994).
3. Shyam Sundar, "Challenges in Implementing Environmental Laws and Policies in India" 18 Current World Environment 1255 (2024).
4. The Constitution of India, art. 48-A.
5. Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), s. 24.
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