Environmental Jurisprudence in India: Judicial Activism and Practical Impacts
Year: 2025
Type: article
Abstract: The Judicial activism to protect the right to life has caused the evolution of the environmental protection jurisprudence in India. Due to the Industrial Revolution, industrial growth is mushrooming throughout the country. It causing adverse impact on the environment and ultimately affecting the right to healthy and clean environment. Therefore, judicial role is transformed as the environment protection activist in this regard. It may lead to give directions to the executive and legislature for appropriate actions to maintain healthy atmosphere. It gives rise to important decisions in the area of the environment protection. It also reflected in the evolution of innovative doctrines and philosophy like the polluter pays principle, the precautionary principle, and the public trust doctrine etc. These doctrines and philosophies are playing important role in the protection of environment. The instrument of Public Interest Litigation (PIL) is very powerful tool in the hands of the society to enforce the right to clean environment so as to enjoy the right to life in healthy manner. It has also made the hazardous industries accountable for the environment protection as well as to be accountable for the environment degradation. The invention of PILs and doctrines by the judiciary are responsible to regulate the environment governance effectively. This paper tries to study the evolution of environmental jurisprudence in India, exploring the judicial philosophy, innovative doctrines, and right to justice. This paper aims to study India’s judicial approach to environmental protection on the basis of secondary sources of research methodology. Its object is to know the mechanism of protection of the right to clean environment by judicial philosophy and different doctrines. The research is promoted to trace the problem of environment pollution and its jurisprudential aspect for the protection of the environment. Thus, it is an attempt to find out environmental jurisprudence in India with the help of judicial activism and practical impacts. It is essential to protect the environment so as to assure the right to life as the fundamental right contained in the part third of the Indian Constitution which is interpreted very widely. The right to clean environment and clean air are very basis for the sound enjoyment of the right to life.
Authors: Jawale, V. V., Athawale, Bhagyashree Kailasrao
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7101583665
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