The Judicial System as an Instrument to protect Environmental Issues and promote Sustainable Development in India

JOURNAL ARTICLE

Author: Dr. Nisha

Keywords: Environmental Protection, National Green Tribunal, Biodiversity, Judicial Activism.

Abstract: This research examines the role of the Indian judiciary as an instrument for environmental protection and the promotion of sustainable development. It highlights how constitutional provisions—Articles 21, 48A, and 51A(g)—provide the foundation for environmental rights, while legislative instruments such as the Environment Protection Act (1986), Water Act (1974), Air Act (1981), and Biological Diversity Act (2002) operationalize these protections. The study emphasizes the transformative impact of judicial activism, particularly through Public Interest Litigation (PIL), the expansion of locus standi, and the interpretation of doctrines like the precautionary principle, polluter pays principle, and public trust doctrine. Landmark judgments, including the M.C. Mehta series, Vellore Citizens’ Welfare Forum, and T.N. Godavarman Thirumulpad, illustrate the judiciary’s proactive role in balancing developmental imperatives with ecological preservation. The paper also assesses the contribution of specialized bodies like the National Green Tribunal and highlights challenges such as enforcement gaps, delays, and accessibility issues. Ultimately, it concludes that judicial intervention has been pivotal in shaping India’s green jurisprudence, though effective implementation requires coordinated institutional action.

Article Info: Received: 14 Jan 2024, Received in revised form: 18 Feb 2025, Accepted: 21 Feb 2025, Available online: 25 Feb 2025

DOI: 10.22161/ijtle.4.1.5

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Page No: 32-43