Role of Judiciary in Environmental Protection 

This article is written by Shataj Unnisa, Vidyavardhaka Law College, BA LL.B during her internship with Le Droit India.

KEYWORDS: Judiciary, Environmental Protection, Judicial Activism, Public Interest Litigation (PIL), Environmental Laws, Sustainable Development, Environmental Justice, Human Rights. 

Abstract: To protect the environment, the judiciary is essential because it interprets and upholds environmental laws, encourages sustainable development, and holds people accountable for environmental destruction. Through judicial activism in particular, courts have increased their role in environmental protection by filling legislative gaps and making sure that constitutional provisions pertaining to the right to a clean environment are upheld. The judiciary has played a significant role in the creation of environmental jurisprudence in many nations, including India. It has done this by interpreting statutes creatively to solve pressing environmental challenges and legislative gaps. Public Interest Litigation (PIL) is a crucial tool in this process because it enables average people to take an active role in environmental justice by enabling citizens and non-governmental organizations to take environmental issues to court. By creating a specific forum for settling environmental issues, specialist organizations like the National Green Tribunal (NGT) significantly strengthen the function of the court. The courts also hold corporate and public entities responsible for environmental policies and activities through judicial monitoring. Even while there has been a lot of improvement, there are still issues in making sure that laws are implemented effectively. Maintaining a healthy future for future generations requires the judiciary’s on-going constructive involvement in striking a balance between environmental preservation and development. 

Introduction: Given the growing ecological difficulties facing the world, the judiciary has emerged as a crucial pillar in environmental protection. By interpreting laws in ways that guarantee the environment is conserved for present and future generations, courts have played a crucial role in improving environmental preservation¹, especially through judicial activism. When legislative and governmental actions failed, the judiciary stepped in to actively address environmental issues in numerous nations, including India. One important development in this area has been the extension of constitutional rights, especially the right to a clean and healthy environment. Public Interest Litigation (PIL), one of the main instruments used by the judiciary, enables individuals and environmental groups to petition the courts on issues of public interest, even if they are not personally impacted. Due to the democratization of access to justice, communities are now able to demand accountability from businesses and the government and contest environmental law infractions. To further resolve environmental conflicts more effectively, specialist environmental tribunals have been established, such as the National Green Tribunal (NGT). In the face of escalating environmental challenges, the judiciary uses these tools to guarantee that sustainability and environmental justice are given priority in addition to enforcing environmental legislation. 

Judicial Activism and Environmental Protection: 

• Expansion of Environmental: The scope of fundamental rights, especially Article 21 of the Indian Constitution, which protects the right to life, has been greatly enlarged by judicial activism. Since environmental preservation is crucial to preserving human dignity, health, and well-being, courts have construed this right to include the right to a clean and healthy environment. By guaranteeing that environmental issues are covered by the constitution, this expansion forces the government to take proactive steps to protect public health and natural resources. 

• Landmark Judgments Shaping Environmental Jurisprudence: Environmental jurisprudence has been significantly shaped by seminal rulings such as Vellore Citizens Welfare Forum (1996) and M.C. Mehta vs. Union of India (1987). These decisions addressed important topics like as hazardous waste management, industrial pollution, and the need for sustainable development, setting crucial precedents that still influence environmental law and policy in India today. 

• Strengthening Accountability of Government and Corporations: Courts have been essential in holding private companies and governmental entities responsible for environmental infractions through judicial activism. By stepping in to stop unlawful mining, deforestation, and pollution, the courts make sure that careless officials and businesses are forced to make amends, upholding environmental regulations and safeguarding the public’s health. 

• Encouragement of Sustainable Development: By advocating for a cautious balance between environmental preservation and economic progress, judicial activism has reaffirmed the significance of sustainable development. Courts have stressed that in order to assess potential harm, development projects must go through comprehensive environmental impact studies, or EIAs. This guarantees that long-term environmental sustainability won’t be sacrificed for economic advancement. 

Public Interest Litigation (PIL) and Its Impact 

• How PIL Facilitates Access to Justice for Environmental Issues: Even in cases when there is no direct human harm, Public Interest Litigation (PIL) is a game-changer for empowering individuals and organizations to pursue justice in environmental issues. PIL guarantees that important environmental issues are addressed and that the interests of the public are given priority in court by enabling individuals or NGOs to contest detrimental environmental practices or government inaction. Access to justice is increased by this approach, especially for underserved groups who might not otherwise be able to pay traditional litigation. 

• The Role of NGOs and Citizens in Filing PILs: When it comes to environmental justice, citizens and NGOs are crucial in filing PILs and frequently serve as the public’s voice. These organizations bring problems to the attention of the courts, including habitat degradation, pollution, and deforestation. NGOs can use PILs to oppose environmentally harmful corporate and governmental acts and advocate for policies that put ecological sustainability first. More public involvement in environmental governance is promoted by the ability of citizens, especially those from impacted communities, to utilize PILs to pursue legal remedies when environmental rights are infringed. 

• Examples of Successful PILs in Environmental Protection: PILs have produced a number of significant decisions that have influenced legislation pertaining to environmental preservation. In order to protect the Taj Mahal from air pollution, the Supreme Court of India ordered the closure of severely polluting factories close to the monument in the 1987 case of M.C. Mehta vs. Union of India. Similarly, enterprises were ordered to install pollution-control equipment to prevent water contamination in the Vellore Citizens Welfare Forum case (1996). These cases established important legal precedents and demonstrated how PILs may be used to alleviate environmental harm and enforce stricter environmental laws. 

• Empowerment of Vulnerable Communities through PIL: When the rights of marginalized and vulnerable populations to a clean and healthy environment are in danger, PILs give them a forum to pursue legal action. For instance, PILs might be filed by indigenous groups or locals who live close to industrial areas to protest environmental degradation, such as contamination of the air and water. Through Public Interest Litigation (PIL), courts have stepped in to shield these communities from detrimental practices and guarantee their access to essential resources such as clean air, water, and land. By promoting social justice and environmental fairness, this procedure upholds everyone’s constitutional right to a safe and healthy environment. 

• Promoting Environmental Awareness and Education: Public awareness of environmental regulations and the value of ecological preservation is largely spread indirectly but significantly via PILs. PILs that bring environmental matters to court frequently result in extensive media coverage, increasing public awareness of urgent environmental issues including pollution and deforestation. Decisions made in these instances act as a teaching tool, educating the public about their rights to a healthy environment and the legal safeguards in place to uphold those rights. PILs motivate citizens to actively engage in environmental protection initiatives and promote greater environmental responsibility by emphasizing the legal ramifications of environmental harm. 

Interpretation of Environmental Laws 

• Interpretation of Constitutional Provisions² Related to the Environment: In order to preserve environmental protection, courts have been essential in interpreting constitutional provisions. To highlight the state’s obligation to protect the environment, the Indian judiciary has broadened the application of Article 48A (Directive Principles of State Policy) and Article 51A(g) (Fundamental Duties). The judiciary has upheld the notion that environmental protection is a moral and constitutional obligation for the government and its people through these interpretations. 

• Expansion of the Right to Life (Article 21) to include the Right to a Clean Environment: The judiciary has gradually construed the right to a clean and healthy environment as part of the right to life, which is protected by Article 21 of the Indian Constitution. Significant rulings such as Subhash Kumar vs. State of Bihar (1991) have reinforced the knowledge that human life and dignity are directly impacted by environmental quality. This interpretation strengthens judicial action in environmental degradation cases and establishes a legal foundation for environmental claims by connecting environmental protection with fundamental human rights. 

• Evolving Environmental Laws³ and Regulations: By interpreting environmental laws and regulations in light of emerging issues, the judiciary has been instrumental in advancing their development. In order to address new concerns like climate change, biodiversity loss, and hazardous waste management, courts have modified environmental laws. Courts make guarantee that legal frameworks continue to be responsive to environmental concerns by extending the reach of current laws and emphasizing the necessity for new rules. The judiciary’s proactive approach to resolving the intricate environmental issues of the modern world and advancing sustainable development is also reflected in this progression. 

• Balancing Development and Environmental Protection: In order to guarantee that development projects be undertaken without jeopardizing environmental integrity, judicial interpretation has been essential. The concept of sustainable development has been endorsed by courts, which mandate that projects that have the potential to negatively damage ecosystems undergo environmental impact assessments, or EIAs. Through these decisions, the judiciary has reaffirmed the necessity of striking a balance between ecological preservation and economic growth, assisting governments and businesses in carrying out development initiatives in an ethical manner. 

• Public Trust Doctrine and Environmental Protection: The Public Trust Doctrine, which holds that some natural resources, such as air, water, and forests, are held in trust by the government for the use and benefit of the public, has been invoked by the courts. Courts have applied this idea to guarantee the sustainable management of natural resources and stop overexploitation. It significantly strengthens the judiciary’s role in environmental protection by highlighting the government’s duty to preserve natural resources for future generations. 

Judicial Oversight and Environmental Justice 

• Role of Courts in Monitoring Environmental Projects and Policies: In order to make sure that environmental projects and policies are carried out in accordance with environmental standards and regulations, courts are essential. Courts have the authority to enforce sustainability policies, ensure accurate environmental impact assessments (EIAs), and stop projects that present serious ecological concerns through judicial review. This guarantees that public health and the environment won’t suffer because of development. 

• Ensuring Accountability of Governmental Bodies and Private Enterprises: Courts guarantee that commercial companies and government organizations are held responsible for their environmental activities or inactions. Courts can levy fines, order remedial measures, and guarantee adherence to environmental regulations by getting involved in cases of environmental carelessness, such as unlawful construction, pollution, or deforestation. This encourages the state and private businesses to follow environmental regulations by fostering an accountability culture. 

• Protecting the Rights of Vulnerable Communities Affected by Environmental Degradation⁴: Courts have a crucial role in defending the rights of marginalized groups that are frequently disproportionately affected by environmental degradation, such as low-income and indigenous populations. Courts can prevent displacement, gain compensation for impacted communities, and guarantee that their opinions are heard when environmental projects that harm their livelihoods and general well-being are being decided. 

• Promoting Environmental Justice and Equity: In order to ensure environmental justice, especially for underprivileged and marginalized groups, judicial scrutiny is also crucial. Courts guarantee these communities, who frequently suffer the most from environmental damage, access to remedies and participation in environmental decision-making. By guaranteeing that everyone benefits from a healthy environment, regardless of socioeconomic background, this promotes a more equal approach to environmental conservation. 

Illustration 

In a scenario a government agency permits a significant industrial project near a river, judicial activism and Public Interest Litigation (PIL) enable citizens and NGOs to challenge such decisions. Courts, recognizing the right to a clean environment under Article 21, might intervene to halt or amend the project if it hurts the environment. The court may require an environmental impact assessment (EIA) to ensure that all ecological factors are considered. This proactive role of the court promotes transparency, holds both the government and industries accountable, and encourages responsible decision-making, ultimately ensuring that development is sustainable and environmentally sound for future generations. 

Case  

M.C. Mehta vs. Union of India (1987) 

Facts: The occurrence was sparked by significant air pollution from industrial operations near Agra’s Taj Mahal. Emissions from industries, particularly those in the leather and chemical sectors, were harming the monument’s structure, producing discoloration owing to pollutants such as sulfur dioxide. Environmentalist M.C. Mehta submitted a petition before the Supreme Court, expressing concern over environmental harm and the threat to the Taj Mahal, a UNESCO World Heritage site. 

Issue: The key issue was the environmental harm caused by industrial pollution near the Taj Mahal, as well as whether the government and authorities failed to adopt appropriate pollution control measures to protect the monument as a national heritage site. 

Judgement: The Supreme Court determined that the Taj Mahal’s preservation was of national importance. It ordered the shutdown of polluting industries and imposed environmental controls. The Court stressed the importance of prioritizing environmental protection and heritage conservation, including the establishment of buffer zones around monuments to avoid pollution. This decision emphasized the judiciary’s responsibility in balancing development with cultural and environmental preservation. 

Conclusion  

The judiciary is an important player in environmental preservation, serving as a watchdog over both the environment and public health. The judiciary protects environmental rights through judicial activism, the formation of bodies such as the National Green Tribunal (NGT), and the capacity to interpret legislation. The growth of environmental rights, particularly through Public Interest Litigations (PILs), gives citizens the ability to hold the government and corporations accountable for environmental damage. While progress has been achieved, there are still problems to properly enforcing environmental regulations. Moving forward, a joint effort among the court, legislature, executive, and active citizen participation is required to secure long-term growth and environmental justice for future generations.