Published on: 19th January 2026
Authored By: Mansi Gohil
Parul Institute of Law
ABSTRACT
In my considered opinion, damaging the environment has a direct and long-term impact on sustainable economic development. This article highlights the crucial role of the Indian judiciary in protecting the environment through interpretation of constitutional provisions, particularly Articles 21, 48A, and 51A(g). By examining landmark judgments such as the Taj Trapezium case, the Ganga Pollution case, Subhash Kumar v. State of Bihar, and Vellore Citizens Welfare Forum v. Union of India, the study demonstrates how courts have expanded the meaning of the right to life, enforced environmental duties of citizens and the State, and strengthened the principles of sustainable development. Overall, the article emphasizes the importance of the judiciary’s role in safeguarding the environment and shaping India’s environmental jurisprudence.
Keywords: Environmental Protection, Judiciary, Article 21, Article 48A, Article 51A(g), Sustainable Development, Landmark Judgments, PIL
INTRODUCTION
The idea of protecting the environment has always been a part of Indian culture. Ancient texts like the Manusmriti and the Upanishads teach that nature should be respected because it supports all forms of life. They remind us that air, water, trees, animals, and the earth are not just resources but are essential for our survival. In our tradition, rivers are also given great importance, especially the Ganga, which people lovingly call “Ganga Maiya” and worship as a goddess. This shows that caring for nature has always been an important part of Indian culture.
This moral thinking is also reflected in our Constitution. Article 51A(g) makes it a duty of every citizen to protect and improve the natural environment.
Environmental damage also leads to loss of biodiversity, climate imbalance, pollution, and long-term harm to humans and other living beings. With rising industrialization and increasing pollution, these problems are becoming more serious.
In this situation, the judiciary has played a very important role. Through various landmark judgments, the courts have protected environmental rights, ensured that development is sustainable, and reminded both the government and citizens of their duties.
This article studies these important judgments to show how the judiciary contributes to environmental protection in India.
CONSTITUTIONAL AND LEGAL FRAMEWORK
Environmental protection in India is anchored not only in statutory legislation but also in constitutional principles that impose duties on both the State and citizens. Although the Constitution originally lacked explicit environmental provisions, amendments, judicial interpretation, and policy developments have progressively integrated ecological concerns into constitutional law.
Directive Principles: Article 48A
1Article 48A, introduced through the 42nd Constitutional Amendment, directs the State to protect and improve the environment and preserve forests and wildlife, reflecting India’s commitment following the 1972 Stockholm Conference.2
Fundamental Duties: Article 51A(g)
Article 51A(g) of the Constitution of India places a fundamental duty on every citizen to protect and improve the natural environment, which includes forests, lakes, rivers, and wildlife, and to have compassion for living creatures.
Fundamental Rights: Article 21
Article 21 guarantees the right to life and personal liberty, which has been judicially expanded to include the right to a clean and healthy environment. In Subhash Kumar v. State
1 https://indiankanoon.org/doc/871328/
2 https://www.un.org/en/conferences/environment/stockholm1972
of Bihar, the Supreme Court held that the right to pollution-free water and air forms an integral part of Article 21.3
Other Fundamental Rights
Article 14 prohibits arbitrary state action, which courts have applied to strike down environmentally harmful administrative decisions.
Article 19(1)(g) guarantees the right to trade and profession. In the Oleum Gas Leak Case, the Court reaffirmed that environmental degradation threatens fundamental rights.
WRITS AND PUBLIC INTEREST LITIGATION (PIL)
Articles 32 and 226 play a vital role in judicial proceedings related to environmental protection. These provisions allow individuals or groups to directly approach the Supreme Court or High Courts when fundamental rights are violated due to environmental harm.
Since environmental issues often affect the public at large rather than just a single individual, the courts permit the filing of Public Interest Litigations (PILs).
A PIL can be filed by any person or organization, even if they are not personally affected, enabling NGOs, activists, and concerned citizens to raise issues on behalf of the public. This mechanism has significantly stre
ngthened environmental governance and access to justice.
3 https://www.constitutionofindia.net/articles/article-21-protection-of-life-and-personal-liberty/
LANDMARK JUDGEMENTS
Ganga Pollution Tanneries Case4
The Supreme Court ordered the closure of 94 tanneries in Kanpur for polluting the Ganga, holding that public health outweighs economic interests. It directed industries to install ETPs or shut down and fixed responsibility on the Kanpur municipality to manage sewage and prevent further river pollution.
Vellor Citizens Walfare Forum v. Union Of India5
The Supreme Court held that tannery industries in Tamil Nadu were causing extensive water and soil pollution. It declared the Precautionary Principle and Polluter Pays Principle as essential features of Indian environmental law and part of Article 21. The Court emphasized sustainable development and directed polluting industries to compensate for environmental damage, while establishing an authority to monitor and assess pollution in the region.
Bhopal Gas Tragedy6
The Bhopal Gas Leak of 1984, caused by the release of methyl isocyanate (MIC) from the Union Carbide plant, which caused to thousands of deaths and injuries. The Supreme Court approved a settlement of ₹750 crore between Union Carbide and the Government of India for
4 AIR 1988 SC 1037
5(1966) 5 SCC 647
6(1991) 4 SCC 584
compensation to victims. It later influenced the development of the principle of absolute liability in Indian environmental law.
Oleum Gas Leak Case7
Oleum Gas Leak happened from the Shriram factory in Delhi, after the Bhopal tragedy. The incident led the Supreme Court to examine the safety of hazardous industries. In this case, the Court held that companies/factories dealing with dangerous substances are fully and directly responsible for any harm caused. This became known as the principle of absolute liability, meaning the industry cannot take any defence or excuse. The Court also directed Shriram to improve safety measures to prevent similar accidents.
M.C. Mehta v. Union of India (Taj Trapezium Case)8
The Taj Mahal in Agra was becoming yellow due to air pollution.The Supreme Court intervened to protect the Taj- a recognized world heritage monument.The supreme Court State that Clean Environment is a part of Article 21 (Right to Life).The Taj Mahal must be preserved, protection of cultural heritage is also environmental protection.The area around the Taj (approx. 10,400 sq. km.) was declared Taj Trapezium Zone (TTZ).Court Ordered switch from coal/ coke to natural gas for industries in the TTZ.
Court Emphasized this principles:
7(1987) 1 SCC 395
8(1997) 2 SCC 353
Precautionary Principle: If there is a chance that an activity may harm the environment, even without full scientific proof, precaution must be taken. The Court have used this to stop harmful activities in advance.
Polluter Pays Principle: The one who causes pollution must pay for it.
Sustainable Development: The Courts promote development that must meet the needs of the present without compromising the ability of future generations to meet their own needs.
THE NATIONAL GREEN TRIBUNAL (NGT), 2010 9
The National Green Tribunal Act, 2010 was enacted to create a specialized tribunal that handles environmental matters quickly and effectively. It focuses on issues like forest conservation, environmental rights, and granting compensation for environmental damages.
References:
- Article 48A
https://indiankanoon.org/doc/871328
- Stockholm Conference
https://www.un.org/en/conferences/environment/stockholm1972
- Article 21
https://www.constitutionofindia.net/articles/article-21-protection-of-life-and personal-liberty/
- M.C. Mehta v. Union of India (Ganga Tanneries Case)
AIR 1988 SC 1037
- Vellore Citizens’ Welfare Forum v. Union of India
(1966) 5 SCC 647
- Union Carbide Corporation v. Union of India (Bhopal Gas Tragedy Case) (1991) 4 SCC 584
- M.C. Mehta v. Union of India (Oleum Gas Leak Case)
(1987) 1 SCC 395
9(Act 19 of 2010)
- M.C. Mehta v. Union of India (Taj Trapezium / Taj Mahal Pollution Case) (1997) 2 SCC 353
- National Green Tribunal Act, 2010
- Act No. 19 of 2010
