Judicial Activism and Environmental Protection: A Critical Analysis
Year: 2025
Type: article
Abstract: The judiciary in India has played a pivotal role in environmental protection through the tool of judicial activism. Despite the existence of environmental legislations, judiciary played active role in shifting the focus of treating environmental violations merely as offences, to the approach of treating environmental concerns as a part of the fundamental rights. This research paper explores the constitutional and legal frameworks for environmental protection in India, the evolution of judicial activism, and the principles developed through landmark judgments. It further evaluates the role of the National Green Tribunal (NGT), recent case laws, and critical issues surrounding judicial overreach. The paper concludes with recommendations for strengthening environmental governance through a balanced and collaborative approach.
Author: Aditi Kulkarni
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6912076693
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