Judicial Activism In Environmental Law: Successes And Challenges
- IJLLR Journal
- 4 hours ago
- 1 min read
Manisha D, SRM Institute of Science and Technology
ABSTRACT
Judicial activism has emerged as a pivotal force in the development and enforcement of environmental law, particularly in jurisdictions where legislative and executive responses have been slow or inadequate. This paper explores the evolution of judicial activism in the realm of environmental protection, with a particular focus on landmark judgments, legal principles such as the polluter pays, precautionary principle, and the public trust doctrine, and the proactive role of courts in addressing ecological concerns. Through a critical analysis of key cases—especially from India, where the judiciary has played a leading role—the paper highlights the successes of judicial intervention in safeguarding environmental rights and ensuring sustainable development.
However, the paper also examines the limitations and criticisms of judicial activism, including concerns of judicial overreach, lack of technical expertise, and the enforceability of court orders. By weighing its achievements against its challenges, the study provides a nuanced understanding of how courts have shaped environmental jurisprudence and what lies ahead for the balance between judicial enthusiasm and institutional accountability. The paper concludes by offering suggestions for improving the effectiveness and legitimacy of judicial involvement in environmental governance.
