Judicial Interpretation And Legal Framework For Environmental Protection In India: Constitutional Mandates And Common Law Remedies
- IJLLR Journal
- 4 hours ago
- 1 min read
Ishani Yog, BA.LLB (Hons), Amity University, Noida, Uttar Pradesh
ABSTRACT
The increasing environmental degradation in India has necessitated robust legal frameworks and judicial interventions to ensure environmental protection and sustainability. This paper explores the judicial interpretation and legal framework for environmental protection in India, emphasizing the constitutional mandates and common law remedies. The Indian Constitution, through Articles 21, 48A, and 51A(g), lays a strong foundation for environmental jurisprudence, which has been dynamically interpreted by the judiciary to expand the scope of environmental rights. The Supreme Court and High Courts have played a pivotal role in enforcing environmental laws, promoting the "right to a healthy environment" as an integral part of the right to life under Article 21. Furthermore, the paper analyzes significant case laws and principles like the Polluter Pays Principle, Precautionary Principle, and Public Trust Doctrine that have emerged from judicial pronouncements. It also delves into the role of public interest litigation (PIL) in environmental protection and examines how common law remedies such as nuisance, negligence, and trespass have been employed to address environmental harm. This paper aims to highlight the synergy between constitutional mandates, statutory provisions, and judicial creativity in shaping a comprehensive environmental protection regime in India.
Keywords: Environmental Law, Judicial Interpretation, Constitution of India, Article 21, Common Law Remedies, Environmental Protection, Public Interest Litigation, Polluter Pays Principle, Precautionary Principle, Public Trust Doctrine.
Comments