Published on: 31st October 2025
Authored by: Akanksha Prajapati
Shambhunath Institute of Law
ABSTRACT
The present dynamic environment is evolving at a rapid rate with the change in technology, industrialisation, urbanisation, population growth and many other factors. Environmental jurisprudence in India is shaped by the interplay of legislative enactments, executive policies, and, most notably, judicial interventions. This article represents a critical analysis of the different types of cases, like the Bhopal Gas Tragedy case, the Oleum Gas leakage case, the Taj Mahal case, the T.N. Tanneries Case, and so on. The analysis also highlights the role of the national green tribunal, the constitutional and legislative framework. Through this article, an attempt is made to highlight and discuss the role of judiciary plays in protecting the environment and preserving its sustainability.
KEYWORDS: Judiciary, National Green Tribunal, Environmental Law, Constitution
INTRODUCTION
Environmental law has come into existence as a result of confrontation with the serious problems concerning the environment. In response to environmental issues, the law seeks to protect and promote the environment. It is designed to prevent and control environmental pollution. The problem of environmental pollution is as old as the evolution of Homosapiens on the Earth. However, different dimensions of the problem of environmental protection and its management have taken a serious turn in the present era. The idea of environmental conservation has been embedded in Indian culture since time immemorial.[1] India has a long tradition of protecting and worshipping nature. The land, trees and even animals are placed on a high pedestal since Vedic times. Through the efforts of global summits and national policies, efforts have been made to address the global climate crisis, promote sustainable development, and conserve ecosystems. The Supreme Court in the case of Shri Sachidanand Pandey v. State of West Bengal[2] has observed: “While the scientific and technological progress of man has invested him with immense power over nature, it has also resulted in unthinking use of power, encroaching endlessly on nature”. Yet in India, the legislative and executive branches of government have sometimes fallen short when effective solutions for counteracting environmental crises were necessary. There has been a vast gap between policy, formal action and implementation because economic priorities, time and again, override environmental concern. However Indian judiciary plays a crucial role in environmental protection to balance the conflicting demands of economic development and environmental preservation. It interprets the law in such a manner which not only helps in protecting the environment but also in promoting sustainable development. Judicial response to almost all environmental litigations has been very positive in India. Public Interest litigation has become very popular in the field of the environment.
CONSTITUTIONAL AND LEGAL FRAMEWORK
The specific provisions on environmental protection in the constitution are the result of the evolving nature and growth potential of the fundamental law of the land.
Article 48A
Part IV of the Constitution deals with Directive Principles of State Policy. This article was added by the 42nd Amendment Act, 1976, as the decision taken at the United Nations conference on “Human Environment” held at Stockholm in 1972[3]. This article states that it is the duty of the state to protect and improve the environment and safeguard the forest and wildlife of the country. Article 48 A allow the central and state government and various local bodies and boards under various statutes to take appropriate steps for the prevention and control of pollution of water.
Article 21
The Part – III of the Constitution, containing Articles 12 to 35, deals with the fundamental rights. Article 21, guaranteeing the right to life and personal liberty, has been substantially expanded in meaning by the judiciary. [4]The Supreme Court further ruled that the right to a clean, clear and healthy environment is a part of this article. PIL is maintainable for ensuring the enjoyment of pollution-free water and air, which is included in the right to life under Article 21 of the Constitution[5].
Article 51A(g)
Article 51A(g) was introduced by the 42nd Amendment Act, 1976, which obligates every citizen to “protect and improve the natural environment” and demonstrate compassion for living creatures. In MC Mehta (2) v. Union of India [6]The Supreme Court held that the central government must introduce compulsory teaching of lessons at least for one hour a week on the protection and improvement of the natural environment in all educational institutions of the country.[7]
Legislative Framework
The government of India participated in the Stockholm conference in the year 1972 and strongly voiced the environmental concerns. Several measures were taken by the legislature relating to the protection of the environment. However, the Environment Protection Act, 1986, is the most comprehensive act in the Indian statute for protecting the environment. The act was enacted out of the felt need for a general legislation to fill in gaps left in areas of major environmental hazard. Coordination of the activities of the various regulatory agencies, creation of authorities with adequate powers of environmental protection, regulation of discharge of environmental pollutants and provision for deterrent punishments were the objects of legislation. Apart from this, other comprehensive laws were also enacted in relation to environmental protection, like-
- The Wildlife Protection Act, 1972
- Water (Prevention and Control of Pollution) Act, 1974
- Forest Conservation Act, 1980
- Air (Prevention and Control of Pollution) Act, 1981
- Protection of Plant Variety and Farmers Act, 2001
- Biological Diversity Act, 2002
- Wildlife (Protection) Amendment Act, 2002
JUDICIAL RESPONSE TO ENVIRONMENTAL POLLUTION
The judiciary has contributed a lot through the strategy of judicial activism in the area of controlling environmental pollution. It played a vital role in defining environmental protection laws, having pronounced landmark judgments that fill the gap in the legislative action or take recourse to executive neglect. The leading cases in environmental protection are as follows:
Bhopal Gas Tragedy case
In Union of India v. Union Carbide Corporation[8] The facts were that just after midnight on December 3, 1984, nearly 4o tons of highly toxic methyl isocyanate (MIC) escaped into the atmosphere from the Bhopal Plant of Union Carbide and killed over 3,500 persons who lived in the dispersing chemical pathway. In order to provide a remedy to persons affected, the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 was passed by the Parliament under which exclusive power was conferred on the Union Government to represent all claimants both within and outside India. The Supreme Court agreed to pay 470 million US dollars to the Indian government on behalf of the Bhopal victims in a full and final settlement.
Oleum Gas Leak case
In Sriram Foods and Fertilizer Industries and another v. Union of India [9]and others, the Supreme Court directed the company manufacturing hazardous and lethal chemicals and gases posing danger to the health and life of workmen and people living in its neighbourhood, to take all necessary safety measures before reopening the plant. In this case, there was a leakage of chlorine gas from the plant, resulting in the death of one person and causing hardships to workers and residents of the locality. All this happened due to the negligence of the management in the maintenance and operation of the caustic chlorine plant of the company. The matter was brought to the notice of the court through a public interest litigation. The management was directed to deposit a sum of Rs. 20 lacs by way of security for payment of compensation claims of the victims of the Oleum gas leak with the Registrar of the court. [10]
Taj Mahal Case
In M.C. Mehta v. Union of India, [11]The Supreme Court directed that the industries operating in the Taj Trapezium Zone (TTZ) using coke/coal as industrial fuel must stop functioning, and they could relocate to the alternate site provided under the Agra Master Plan. In this case, it was alleged that due to environmental pollution, there is degradation of the Taj Mahal, a monument of international repute. According to the opinion of expert committees, the use of coke/ coal industries situated within the Taj Trapezium Zone was emitting pollution and causing damage to the Taj as well as to the people living in the area. [12]
In Indian Council for Enviro-Legal Action v. Union of India[13]An environmentalist organisation filed a writ petition under Article 32 before the court complaining of the plight of people living in the vicinity of chemical industrial plants in India and requesting appropriate remedial measures. The Supreme Court held- If by the action of private corporate bodies, a person’s fundamental right is violated and the court finds that the government or authorities concerned have not taken the action required of them by law and this has resulted in violation of the right to life of the citizens, it will be the duty of the court to intervene. The principle on which the liability to defray the costs of remedial measures will be determined is the “Polluter Pays”. The responsibility for repairing damage is that of the offending industry.
In Rural Litigation and Entitlement Kendra v. State of UP, [14]The Apex Court ordered to closure of certain limestone quarries working in Dehradun on the ground that there were serious deficiencies regarding safety deficiencies regarding hazards involved in the work and the work was likely to affect the ecology of the area. It was found that there was large-scale pollution caused by the quarries affecting the safety and health of the people in the region.
T.N. Tanneries Case
In Vellore Citizens’ Welfare Forum v. Union of India,[15] The Supreme court laid down that given the constitutional provision contained in Articles 21, 47, 48-A, 51-A(g) and other relevant statutory provisions contained in the Water (Prevention and control of pollution) Act, 1974 the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act, 1986 the “Precautionary Principle” and the “Polluter pays Principle”, are part of the environment law of the country. It is thus clear that two basic principles of sustainable development can be derived from various statutory provisions and the right to life under Article 21 of the Constitution.
In Ashok Kumar Sinha v. Union of India, [16]The Court directed the Union and Bihar governments to respond to concerns about the dumping of plastic waste in the Ganga. “The dumping of plastic is causing serious environmental degradation and also impacting aquatic life in the river banks and the water bodies in the country”, the court noted. The bench of Justice Hrishikesh Roy and S.V. Bhatti also ordered the removal and stoppage of further construction of illegal encroachments around the river. [17]
ROLE OF THE NATIONAL GREEN TRIBUNAL
The National Green Tribunal is a statutory body established on 18/10/2010 under the National Green Tribunal Act, 2010 for effective disposal of the case relating to the environment protection and conservation of forest and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and matters connected therewith or incidental thereto.[18]. The need for a national green tribunal to dispose of matters related to environmental protection was first felt in 1986 by the Supreme Court in the Oleum Gas Leak Case and later by the Law Commission in its 186th report in 2003.
To offer legal and administrative remedies for victims of pollution and other environmental damage, it was funded in 1992 in connection with the Rio Summit. Article 21 of the constitution, which guarantees its residents the right to a healthy environment, is also met by this. Within six months of their appeals, the National Green Tribunal must rule on matters that have been submitted to it. When there are significant environmental problems, the National Green Tribunal has initial jurisdiction.
CONCLUSION AND RECOMMENDATIONS
In recent decades, the Indian judiciary has become an active actor in environmental management by developing principles, case determination and PIL Culture. The judiciary has established a strong jurisprudential base for environmental concerns. The introduction of the absolute liability principle in the Bhopal Gas Tragedy was a major step for environmental protection. As a present, the establishment of the National Green Tribunal is even covering the gaps which were not being able to be fulfilled by the government and also supporting NGO’s for doing ground-level work and creating awareness about the importance environment.
There are some recommendations which need to be considered:
- Organise Educational Seminar: Organising educational seminars with experts can raise environmental awareness on critical issues. These events allow for deep discussion and engagement. Seminars also provide opportunities to address local environmental concerns. Invite professionals, like scientists or activists, to share insight on pressing environmental issues. Participants can learn about causes, effects and solutions, which can offer valuable knowledge to those who are committed to making changes.[19]
- Regular Inspection: A standard review apparatus is necessary, one that is capable of routine inspection and examining any exercise that poses a hazard to the environment. Given that prevention is preferable to treatment, this would be a fruitful step in the direction of environmental conservation. [20]
- Linkage of environmental research and policy: Among the most important roles of environmental research is the creation of a foundation of sound information on which to base the policies that are necessary to protect, restore and manage the nation’s environmental resources. The linkage between science and decisions needs to be strengthened at both levels. [21]
[1] Dr. J.J.R. Upadhyaya, Environmental Law (5th Edition, Central Law Agency, 2021).
[2] AIR 1987 SC 1109.
[3] Malavika Parthasarathy ‘Fundamental Duties: Court in Review’, (2022) Supreme Court Observer, https://www.scobserver.in/journal/fundamental-duties-court-in-review/ (accessed 16 June,2025)
[4]Basharat Amin Shaib Abas Malik ‘Role of legislature and Indian judiciary in protection and prevention of environmental degradation’ (2018) 4, International Journal of Law, https://www.lawjournals.org/assets/archives/2018/vol4issue4/4-4-28-111.pdf
[5] Subhas Kumar v. State of Bihar, AIR 1991 SC 420.
[6] (1988) 1 SCC 471.
[7] Dr. J. N. Pandey, Constitutional Law of India (59th Edition, Central Law Agency, 2022).
[8] (1986) 1Comp. L.J. 25 (SC)
[9] (1987) 1 SCC 395
[10] Environmental Law (n 1)
[11] AIR 1997 SC 724.
[12] Environmental Law (n 1)
[13] (1996) 3 SCC 212.
[14] AIR 1985 SC 652.
[15] (1996) 5 SCC 647.
[16] 2024
[17] Sushovan Patnaik ‘Supreme Court Review 2024: Speaking, acting grey on key environmental issues,’(2025) Supreme Court Observer https://www.scobserver.in/journal/supreme-court-review-2024-speaking-green-acting-grey-on-key-environmental-issues/
[18] https://greentribunal.gov.in/about-us
[19] https://www.greencitytimes.com/10-ways-to-promote-environmental-awareness/
[20] Annapurna Trivedi, Dr. Upendra Nath Tiwari, ‘Approach of Indian Judiciary Towards Environmental Protection’ (2023) Journal of Namibian Studies, https://namibian-studies.com/index.php/JNS/article/view/6358
[21] ‘Research to Protect, Restore and Manage the Environment’, National Academies Press, https://nap.nationalacademies.org/read/2216/chapter/7#94
