Role of Judiciary in Development of Environmental Jurisprudence in India
Environmental degradation has been a major problem since last few decades. Although it is existing from a long time period but it is right to say that we started emphasizing over it recently. Many environmental laws were introduced after the Stockholm Declaration 1972. But, more importantly the conservation of nature and natural resources has not given too much importance as it to be. Lack of political will and pressure from industrial and infrastructure sectors were the main reason behind
... Inspite of these problems environmental jurisprudence developed in India very silently but affirmatively. Indian Judiciary, NGOs and Environmental protection movements like Chipko Movement and Appiko Movement played vital role in development of environmental jurisprudence in India. Environmental jurisprudence is the special measure which includes not only the codified laws but also those major principles which prevent and control the environmental pollution. Constitution of India also plays a very crucial role by providing constitutional safeguards such as fundamental rights, directive principles of state policy, fundamental duties, Writ provisions and Public Interest litigations. Through these PILs the Supreme Court of India and various High Courts developed many doctrines to protect environment such as The Polluter Pay Principle, Precautionary Principle, Public Trust Doctrine and Doctrines related to Sustainable Development. Persons like environment activist and Advocate SC, Mr. MC Mehta is the role model for the next generation who played significant role in development of environmental jurisprudence in India. There is need to understand the role of judiciary in development of environmental jurisprudence in India. Keeping in view this objective, this chapter focuses upon it.