Q.1. “The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. [UPSC 2022 GS P-2]

The statement, “The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court,” highlights the role of the judiciary, especially the Supreme Court of India, in shaping the legal framework for environmental protection. Through landmark judgments, the Court has expanded the interpretation of the Indian Constitution to include environmental rights, particularly under the purview of Article 21 (the Right to Life).

Constitutionalization of Environmental Issues

Constitutionalization refers to the process by which environmental concerns have been elevated to the status of fundamental rights and duties under the Constitution. The Supreme Court has played a key role in this by interpreting constitutional provisions in a manner that promotes sustainable development and protects the environment. Through its judgments, the Court has recognized the right to a healthy environment as a part of the fundamental right to life under Article 21.

Relevant Case Laws

1. Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (Dehradun Quarrying Case) (1985) – This case was one of the earliest instances where the Supreme Court intervened to address environmental degradation caused by limestone mining in the Doon Valley. The Court recognized the need to balance ecological preservation with development and ordered the closure of several quarries. This case marked the beginning of judicial activism in the field of environmental law.
2. M.C. Mehta v. Union of India (1987) – Ganga Pollution Case In this landmark case, environmental lawyer M.C. Mehta filed a Public Interest Litigation (PIL) to address the pollution of the Ganga River. The Court directed the closure of several polluting industries along the river and mandated the installation of treatment plants. This case not only recognized the right to a clean environment but also emphasized the role of the judiciary in holding industries accountable.
3. M.C. Mehta v. Kamal Nath (1997) – This case is significant for establishing the “public trust doctrine” in Indian environmental jurisprudence. The Supreme Court held that the government has a duty to protect natural resources, which are public assets, and cannot be privatized or destroyed for commercial purposes. The case involved the encroachment of land by a private hotel along the banks of the Beas River, leading to environmental damage.
4. Vellore Citizens’ Welfare Forum v. Union of India (1996) – This case dealt with the pollution caused by tanneries in Tamil Nadu. The Supreme Court introduced the “precautionary principle” and “polluter pays principle” as essential features of environmental law in India. The judgment directed industries to bear the cost of pollution and take preventive measures to avoid environmental harm. These principles have since been incorporated into Indian environmental governance.
5. T.N. Godavarman Thirumalpad v. Union of India (1995) – Forest Conservation Case – This ongoing series of cases is related to the conservation of forests in India. The Supreme Court has played a proactive role in monitoring deforestation, preventing encroachments, and ensuring the implementation of the Forest (Conservation) Act, 1980. The Court’s orders have had far-reaching effects on forest management and conservation in India.
6. Subhash Kumar v. State of Bihar (1991) – In this case, the Supreme Court explicitly held that the right to a clean environment, including water and air, is part of the fundamental right to life under Article 21. This judgment further solidified the constitutional foundation of environmental protection in India.

Significance of Judicial Activism in Environmental Law

The Supreme Court’s proactive role in environmental issues can be termed “judicial activism.” The Court, through Public Interest Litigations (PILs), has made significant contributions to environmental jurisprudence. Some of the important contributions include:

• Recognition of environmental rights as fundamental rights.
• Development of principles like sustainable development, precautionary principle, and polluter pays principle.
• Monitoring and overseeing the implementation of environmental laws and policies.
• Establishing the National Green Tribunal (NGT) to handle environmental disputes more efficiently.

Conclusion

The constitutionalization of environmental problems by the Supreme Court has been a major achievement in modern Indian law. Through its expansive interpretation of the right to life and proactive interventions, the Court has addressed various environmental challenges, ensuring a balance between development and ecological preservation. The judiciary’s role in shaping environmental law in India remains pivotal in securing the future of the country’s environmental health and sustainability.