Judicial Activism in India: Driving Social Change Through Environmental Protection
Year: 2024
Type: article
Abstract: The Indian judicial system has played a pivotal role in fostering social transformation through the protection and enforcement of environmental rights. By interpreting constitutional provisions—especially Article 21, which guarantees the right to life—to include the right to a clean and healthy environment, the judiciary has significantly influenced environmental governance in India. Through landmark judgments, the development of Public Interest Litigation (PIL), and the establishment of the National Green Tribunal (NGT), the judiciary has expanded access to environmental justice and promoted principles such as sustainable development, the polluter pays principle, and intergenerational equity. Despite facing challenges like delayed enforcement, lack of scientific expertise, and jurisdictional overlaps, the judiciary continues to act as a guardian of environmental rights and a catalyst for ecological consciousness in the country. This paper critically examines the constitutional provisions, landmark cases, institutional mechanisms, and challenges associated with the judiciary's role in environmental protection, highlighting its transformative impact on India's legal and social landscape.
Authors: Devang Sanjaykumar Brahmbhatt, Dr RekhaKumari Singh
Institution: Sardar Patel University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7080011518
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