Implications Of Constitutional Remedies With Respect To Environmental Governance In India: An Analysis

Gurmanjot Singh, LLM National University of Juridical Science, Kolkata

Muskan, LLM, UILS, Panjab University, Chandigarh

ABSTRACT

This paper analyzes the evolution of environmental jurisprudence in India. The paper highlights the change in legal approach towards environmental governance from colonial government era to post enforcement of our constitution. This transmogrification in approach was from governments using legislations to legally exploit natural resources to holding them as trustee for its people. Major initiatives at international level encouraged national government to bring more legislations at par with international conventions. Suitable amendments were made in constitution to make it greener and environmental friendly. Beyond the role played by Legislature, the activist role of Supreme Court changed the environment governance in entirety. The Apex court by entertaining PILs, taking suo moto cognizance on basis of news reports and using devices like continuing mandamus made the environmental activists call it green court of India. This paper tries to examine that whether existing environmental remedies have been successful in achieving objectives of environmental governance and is there a change in the role of Supreme Court, after constitution of National Green Tribunal. When International lawyers like Polly Higgins are urging to recognize “Ecocide” as international crime, where does Indian law stand?1