Published on: 22nd January 2026
Authored By: Divyanshi Mishra
Shri Jai Narain Misra Pg college
ABSTRACT
The judiciary, particularly in India, plays a proactive role in the protection of the environment through judicial activism, expansively interpreting the constitutional rights to include the right to a healthy environment under Article 21 and the development of the key environmental law doctrines. The development of these law doctrines has ensured that there is a proper policy formation and that the rights of individuals get protected against the environmental harms. [1]Public Interest Litigation (PIL) plays a powerful role in protecting the environment. It gives ordinary people the chance to stand up for environmental justice by allowing citizens and NGOs to bring important environmental issues before the courts. It ensures that even those without direct personal stakes can still speak up for the greater good.
Specialized bodies like the National Green Tribunal (NGT) have made the judiciary’s role in environmental protection much stronger by creating a dedicated space to resolve environmental disputes quickly and effectively. Courts also keep a close watch on both corporate and government actions, ensuring they follow environmental rules and take responsibility for their impact. Although significant progress has been made, challenges still remain—especially when it comes to ensuring that environmental laws are properly enforced on the ground. Going forward, the judiciary’s active and balanced approach will continue to be essential in protecting the environment while supporting sustainable development so that future generations inherit a healthier planet.
The main objective of this article is to understand the current environmental landscape by examining the development made so far through various statutes, laws, and international conventions. It also aims to explore the key issues reflected in the courts and broader judiciary proceedings.
INTRODUCTION
The word “environment” has been defined under the Environment Protection Act, 1986, as “environment includes air, water, and land and the interrelationship between and among them and also includes human beings, other living creatures, plants, microorganisms, and property. The definition emphasizes human-made elements like property and natural environment and their interconnectedness.[2] Nowadays, as the civilization is getting advanced, people gradually shifted their focus on material wealth and economic growth. This growing desire affected the environment on a large scale. It opened doors to large-scale use or often overuse of natural resources. Due to rapid and unchecked industrialization, the environment began to suffer. Pollution increased, ecosystems were damaged, and the effects were visible after the Second World War, followed by the boom in industrialization.
Over time, it became quite evident that if this continued, it wouldn’t just harm nature, but also human life would be in danger.
In India, environmental degradation has been a long-standing concern. Recognizing this, the framers of the constitution included provisions like Articles 47, 48, and 48A, placing responsibility on the state to safeguard the environment and protect the nation’s national resources. Later, Article 51(1)(g) was added, reinforcing the idea that caring for the environment isn’t just the government’s duty; it’s a responsibility shared by every citizen.
This article analyzes the history and evolution, constitutional foundation, and seminal case laws that reflect how the judiciary has shaped environmental governance in India.
CONSTITUTIONAL FRAMEWORK FOR PROTECTION OF ENVIRONMENT
Given below are provisions that were added to the constitution for the protection of the environment.
- FUNDAMENTAL RIGHTS
- ARTICLE 21—RIGHT TO LIFE
It was broadly interpreted, and the right to a clean and healthy environment, the right to pollution-free air and water, and the right to live with dignity were included.
2. DIRECTIVE PRINCIPLES OF STATE POLICY
- ARTICLE 48A
Obligates the state for the protection of the environment and safeguards forests and wildlife.
3. FUNDAMENTAL DUTIES
- ARTICLE 51-A(g)
It was added to the constitution to impose a duty on the citizens to protect and improve the natural environment.
The judiciary has harmoniously interpreted the Fundamental Rights and Directive Principle with Article 21 as they are non-justiciable, so that enforceability should be given to constitutional rights.
EVOLUTION OF ENVIRONMENTAL LAW
Earlier, after India got independence, there was limited judicial intervention in environmental matters. However, the 1980s marked a turning point with the rise of PILs, enabling courts to entertain environmental grievances filed on behalf of affected communities who lacked resources and legal standing.[3]
Key contributions of judicial activism include:
- Liberalization of locus standi in environmental cases
- Court-monitored investigations and expert committees
- Direction to regulatory authorities (PCB, municipalities, and MOEF)
- Creation of new institutions like the National Green Tribunal (2010)
- Development of environmental principles now embedded in Indian law.
LANDMARK JUDGMENTS:
The following section analyzes landmark judgments that illustrate this transformative judicial role:
- RATLAM MUNICIPALITY vs. VARDHICHAND (1980)
This was one of the earliest cases that formed the foundation of environmental justice. In this, the resident filed the case against the municipality for failing to prevent the open den and foul smell.
Judicial contribution:
- The Supreme Court directed the municipality to take measures for the remedy.
- It also held that financial instability cannot be used as a defense for not performing statutory regulations.
- Recognized as environmental health as a part of social justice.
This case was considered the precursor to the later waves of environmental PILs.
- RURAL LITIGATION AND ENTITLEMENT: KENDRA vs. STATE OF UTTAR PRADESH (1985) (DOON VALLEY CASE)
The issue was related to limestone quarrying in Masoorie, which caused deforestation, landslides, and ecological imbalance.
Judicial contribution:
- Ordered closure of environmentally destructive quarries.
- Ordered to prioritize environmental interests over industrial.
- Formed the basis of industrial development.
MC MEHTA CASES: THE CORNERSTONE OF ENVIRONMENTAL JURISPRUDENCE
No other cases have affected or evolved environmental laws as much as MC MEHTA. His series of PILs shaped nearly every aspect of the environment.
- OLEUM GAS LEAK (1986): After a leak from Shriram Industries, the Supreme Court introduced the principle of absolute liability.[4]
Judicial contribution:
Industries engaged in any kind of hazardous activities shall be responsible for any harm caused regardless of negligence.
- GANGA POLLUTION CASE (1987) (MC MEHTA vs UNION OF INDIA):[5] Tanneries and industries were polluting the Ganga River.
Judicial contribution:
Ordered installation of effluent treatment plants.
Directed closure of non-compliant industries. Ordered installation of effluent treatment plants. Recognized the need for continuous monitoring of river ecosystems.
- DELHI VEHICULAR POLLUTION (1998–2002) [6]PIL led to the conversion of Delhi’s public transport to CNG.
Judicial contribution:
Reduced air pollution significantly. Established the judiciary’s powers to direct policy changes for environmental protection.
- VELLORE CITIZENS WELFARE FORUM V. UNION OF INDIA (1996) This case concerned the severe pollution caused by tanneries in Tamil Nad
Judicial contribution:
It formally brought the precautionary principle and the polluter pays principle into Indian environmental law, making them essential standards for future cases. The Court emphasized that sustainable development isn’t just an idea; it’s a part of customary international law that India is expected to follow. It ordered that affected communities be compensated and directed the setting up of common effluent treatment plants to prevent further pollution and protect public health.
This decision is among the most cited in environmental cases.
- INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION V. UNION OF INDIA (1996) Industries in Rajasthan caused water and soil pollution due to chemical waste.[7]
Judicial contribution
Industries in Rajasthan were found responsible for polluting local water and soil by releasing harmful chemical waste. The judiciary stepped in firmly, reinforcing the polluter pays principle, a reminder that those who cause environmental harm must bear the cost of fixing it. The court didn’t limit its directions to compensation alone. It made it clear that the defaulting industries had to fund the actual cleanup and restoration of the damaged environment. This judgment emphasized strict accountability for ecological damage.
- NARMADA BACHAO ANDOLAN V. UNION OF INDIA (2000) A challenge against the construction of the Sardar Sarovar Dam[8].
Judicial Contribution
The court allowed the project to go ahead, but only after stressing that development cannot come at the cost of the environment or people’s rights. It highlighted the importance of thorough environmental impact assessments, proper rehabilitation of affected communities, and a commitment to sustainable development. Through its decision, the court demonstrated the need to carefully balance ecological concerns with the country’s developmental goals, ensuring progress without compromising environmental integrity.
- C. MEHTA V. KAMAL NATH (1997)—PUBLIC TRUST DOCTRINE
A private company attempted to divert a river to protect its resort.
Judicial Contribution
Introduced the public trust doctrine in India, holding that natural resources belong to the public. [9]The state cannot transfer ecological resources to private parties for commercial gains. This principle reinforces many modern judgments involving mountains, lakes, wetlands, forests, and coastlines.
- SUBHASH KUMAR V. STATE OF BIHAR (1991)
Relating to river water pollution due to industrial effluents[10].
Judicial Contribution
Declared the right to clean water and a pollution-free environment as part of Article 21. Expanded the scope of environmental rights.
PRINCIPLES OF ENVIRONMENTAL LAW DEVELOPED BY THE JUDICIARY
- Polluter Pays Principle: Polluting parties must bear the cost of damage caused to the environment.
- Precautionary Principle: Environmental measures should be taken even in the absence of complete scientific certainty.
- Absolute Liability: Hazardous industries are strictly liable for harm without exceptions.
- Public Trust Doctrine: Natural resources belong to the public, and the state is merely a trustee.[11]
- Sustainable Development: Development and environmental protection must go hand in hand. These principles now form the backbone of environmental governance in India.
ROLE OF THE NATIONAL GREEN TRIBUNAL (NGT)
Established in 2010, the NGT is a specialized judicial body dedicated to expeditious environmental adjudication.
Contributions
- Quicker resolution of environmental disputes.
- Scientific approach due to expert members.
- Strong enforcement of environmental norms.
- Landmark decisions on air quality, waste management, river protection, and forest conservation.
While not a constitutional body, the NGT amplifies the judiciary’s ability to protect the environment.
CHALLENGES AND LIMITATIONS
Despite the significant progress made, a few real challenges still remain:
- Implementation Failures:
Even when courts issue clear directions, authorities on the ground often delay, resist, or simply fail to carry them out. As a result, the impact of judicial decisions doesn’t always reach people or the environment as intended. - Over-Reliance on the Courts:
Sometimes, the courts end up stepping in because the executive doesn’t act effectively. This creates a situation where people turn to the judiciary for issues that should ideally be handled by administrative bodies, putting extra pressure on the courts and revealing gaps in governance. - Balancing Development and the Environment:
As the country pushes forward with new infrastructure and rapid industrial expansion, clashes between growth and environmental protection become almost inevitable. Finding the right balance—where progress doesn’t come at the planet’s expense—remains a constant challenge. - Lack of Technical Expertise:
Although the judiciary has made great strides, judges sometimes still face difficulties when dealing with highly technical scientific data or complex environmental assessments. These issues often require specialized knowledge, which can slow down decisions or complicate the process. - Political and Economic Pressures:
When major projects come with strong political or economic backing, environmental safeguards can sometimes take a back seat. This pressure can influence how strictly rules are enforced, making it harder to ensure that development remains sustainable and responsible.
CONCLUSION
The judiciary has become one of the strongest pillars shaping India’s environmental governance. Through bold interpretations of constitutional rights, creative legal principles, and landmark judgments, the courts have stepped in where environmental regulation often fell short[12]. By expanding the meaning of Article 21 and introducing doctrines like “polluter pays” and “sustainable development,” the judiciary has helped redefine how the law views the environment and its relationship with society.
Yet, despite this progress, significant challenges remain. Even so, the judiciary continues to be a crucial guardian of India’s natural resources, ensuring that the rights of both present and future generations are protected. Moving forward, a shared effort—between the courts, the government, communities, and environmental institutions—is essential. Only through such collaboration can India truly work toward a safer, greener, and more sustainable future.
[1] Role of Indian judiciary in protection of the environment – iPleaders (accessed on 18 nov, 2025)
[2] The Environmental Protection Act, 1986: Ensuring Environmental Protection in India – LAW Notes (accessed on 18 nov, 2025)
[3] Role of Judiciary in Environment Protection (accessed on 18 nov, 2025)
[4] Detailed Case Analysis of M. C. Mehta v. Union of India [Oleum Gas Leak Case]
[5] M.C. Mehta v/s Union Of India: Ganga Pollution Case – Citation AIR 1988 SC 1037;(1987) 4 SCC 463 (accessed on 18 nov, 2025)
[6] M.C. Mehta vs Union Of India And Ors on 5 April, 2002 (accessed on 18 nov, 2025)
[7] Indian Council For Enviro-Legal Action … vs Union Of India And Ors.Etc on 13 February, 1996 (accessed on 18 nov, 2025)
[8] https://ijlmh.com/wp-content/uploads/Case-Comment-on-Narmada-Bachao-Andolan-vs-Union-of-India-and-Ors-AIR-2000-SC-3751.pdf (accessed on 18 nov, 2025)
[9] Case Analysis On M.C. Mehta vs Kamal Nath (1996) (accessed on 18 nov, 2025)
[10] Subhash Kumar v. State of Bihar and Ors (1991) : case analysis – iPleaders (accessed on 18 nov, 2025)
[11] Fundamental principles of International Environmental Law – iPleaders (accessed on 18 nov, 2025)
[12] Shrotria S, “Good Governance and Environment Protection: The Role Played by the Judiciary in India” (2012) 6 Indian Journal of Human Development 285 https://doi.org/10.1177/0973703020120206 (accessed on 18 nov, 2025)
