Role of Judiciary in Environment Protection

Introduction
India from air pollution and deforestation to water scarcity and biodiversity and natural
resources loss faces numerous environmental challenges. The Indian judiciary has played a
crucial role in interpreting and enforcing environmental laws, adjudicating disputes,
safeguarding environmental rights and shaping environmental governance.
Supreme Court and Development of Environmental Jurisprudence
• The Supreme Court of India has embraced the principles of sustainable development,
recognising the importance of achieving a balance between the environment, society
and economics.
• Sustainable development aims to meet the needs of the present without compromising
the ability of future generations to meet their own needs, as stated in the Brundtland
Report.
• The Supreme Court acknowledges that the United Nations Conference on Human
Environment and the Stockholm Conference in 1972 played a significant role in
raising environmental consciousness and establishing the idea of sustainable
development as part of Customary International Law.
• The principle of inter-generational equity emphasises that development should meet
the current generation’s needs without depleting nonrenewable resources and
depriving future generations of their benefits. The Supreme Court, in the case of
Bombay Dyeing & Mfg. Co. Ltd. vs. Bombay Environmental Action Group,
supported this approach, ensuring that present generations do not exploit resources to
the detriment of future generations.
• The Precautionary Principle states that states should adopt a precautionary approach
to environmental conservation, even in the absence of full scientific certainty, to
prevent irreversible damage. The Indian Supreme Court has embraced this principle,
incorporating it into the burden of proof in environmental matters. Those seeking to
change the status quo bear the burden of proof in demonstrating the absence of
detrimental effects of proposed actions.
• Additionally, the court supports the principle that polluters should bear the costs of
pollution, taking into account the public interest and without distorting international
trade and investment. This principle promotes the internationalisation of
environmental costs and the use of economic instruments to hold polluters
accountable not only for compensating victims but also for rehabilitating the
ecosystem.
• The Supreme Court of India‘s recognition and application of these principles
demonstrates its commitment to sustainable development and environmental
protection. By incorporating these principles into its decisions, the court encourages
responsible behaviour, accountability and a balance between economic development
and environmental preservation.
Evolution of Environmental Law Doctrines by Judiciary
The Doctrine of Absolute Liability
In the landmark case of Union Carbide Corporation v. Union of India, the Supreme Court of
India established the doctrine of absolute liability. The court held that when an enterprise
engages in inherently dangerous or hazardous activities, it is strictly and absolutely liable for
any harm caused as a result of accidents in such operations.
This liability applies without any exemptions, meaning the enterprise must compensate all
those affected by the accident. The judgment set a new precedent, introducing the concept of
absolute liability in environmental cases.
Polluter Pays Principle
The polluter pays principle has gained significant recognition in recent years. The underlying
principle is that if a person or entity pollutes the environment, they are responsible for
bearing the costs associated with the pollution and its cleanup.
This principle is not based on assigning fault, but rather on the idea that those who cause
harm to the environment should be accountable for rectifying the damage. It aligns with the
goal of remedying environmental harm. The Supreme Court of India, in the case of Vellore
Citizen’s Welfare Forum v. Union of India, affirmed the polluter pays principle as an integral
part of sustainable development.
Precautionary Principle
The Supreme Court of India, in the Vellore Citizens Forum case, outlined three key aspects
of the precautionary principle. First, environmental measures should aim to anticipate,
prevent and address the causes of environmental degradation. Second, a lack of scientific
certainty should not be used as a reason to postpone necessary measures.
Finally, the burden of proof lies with the party undertaking an action to demonstrate its
benign nature. These principles guide decision-making in situations where potential harm to
the environment exists.
Public Trust Doctrine
The Public Trust Doctrine is based on the principle that certain resources, such as air, water,
sea and forests, are of significant importance to society as a whole and should not be subject
to private ownership.
In the case of M.C. Mehta v. Kamal Nath and Others, the Supreme Court held that the
Public Trust Doctrine is an inherent part of the law of the land. This doctrine ensures that
these resources are protected and managed in the best interests of the public.
Doctrine of Sustainable Development
The concept of sustainable development was highlighted by the World Commission on
Environment and Development (WCED) in its report, commonly known as the Brundtland
Report. Sustainable development refers to development that meets the present needs without
compromising the ability of future generations to meet their own needs. The courts play a
vital role in striking a balance between development and environmental protection.
In the case of Rural Litigation and Entitlement Kendra v. State of UP, the court
emphasised that natural resources are permanent assets of humankind and should not be
depleted within one generation. The Supreme Court, in the Vellore Citizen’s Welfare Forum
case, recognised sustainable development as a viable concept for eradicating poverty and
improving human life while staying within the ecological carrying capacity.

Environmental Rights Recognised by Judiciary

The active role of the judiciary in environmental protection is evident in several key
judgments, which are summarised below:
(A) The Right To A Wholesome Environment
In the Charan Lal Sahu case, the Supreme Court recognised that the right to life guaranteed
by Article 21 of the Constitution includes the right to a wholesome environment.
In the Damodhar Rao v. Municipal Corporation Hyderabad case, the court relied on
Constitutional mandates under Articles 48A and 51A(g) to assert that environmental
pollution would violate the fundamental right to life and personal liberty enshrined in Article
21.
(B) Public Nuisance: The Judicial Response
In the Ratlam Municipal Council v. Vardhichand case, the Supreme Court’s judgment
emphasised the social justice component of the rule of law. It held statutory authorities liable
to fulfil their obligations in abating public nuisance and making the environment pollution-
free, even if there are budgetary constraints. This case also recognised Public Interest
Litigation (PIL) as a constitutional obligation of the courts.
(C) Judicial Relief Encompasses Compensation To Victims
In the Delhi gas leak case (M.C. Mehta v. Union of India), the Supreme Court established
two important principles of law. Firstly, it confirmed the power of the court to grant remedial
relief, including compensation, for proven infringements of fundamental rights such as
Article 21. Secondly, it introduced the concept of “no fault” liability (absolute liability) for
industries engaged in hazardous activities, which significantly impacted liability and
compensation laws in India.
(D) Fundamental Right To Water
The fundamental right to water in India has evolved through judicial interpretation. In the
Narmada Bachao Andolan v. Union of India and Ors. case, the Supreme Court upheld that
water is a basic need for human survival and an implicit part of the right to life, human rights,
the right to a healthy environment and sustainable development as enshrined in Article 21 of
the Constitution.
Conclusion
In conclusion, the judiciary plays a crucial role in environmental protection in India. Through
its proactive approach and innovative use of legal principles, the judiciary has emerged as a
powerful force in ensuring sustainable development and safeguarding the environment for
present and future generations.

One of the key contributions of the judiciary is the recognition of the right to a healthy
environment as a fundamental right. Through landmark judgments, the courts have
established the link between environmental quality and the right to life, emphasising the
importance of clean air, water and soil for the overall well-being of individuals.

The judiciary has also introduced groundbreaking concepts such as absolute liability, which
holds industries accountable for disasters arising from hazardous activities. This principle
ensures that enterprises take necessary precautions to prevent harm to the environment and
public health, regardless of negligence. Moreover, the courts have emphasised the principles
of sustainable development, including the precautionary principle and the polluter pays
principle, as integral components of environmental law.

Public interest litigation has been a powerful tool utilised by the judiciary to address
environmental issues. By enabling citizens and organisations to seek legal remedies on behalf
of the larger public, the courts have played a significant role in holding authorities and
polluting industries accountable for their actions. This has resulted in enforcing
environmental regulations and imposing fines and compensations for environmental
degradation.