The Evolving Role of the Indian Judiciary in Environmental Constitutionalism: A Post-Godavarman Environmental Jurisprudence
Year: 2026
Type: article
Abstract: Indian environmental law has been shaped as much by judicial intervention as by legislative action. The Supreme Court of India, through public interest litigation and an expansive interpretation of Article 21 of the Constitution, transformed environmental protection from a largely statutory concern into a constitutional obligation. The landmark decision in *T.N. Godavarman Thirumulpad v. Union of India* marked a decisive moment in this transformation. What began as litigation concerning forest conservation in the Nilgiris developed into a continuing judicial process involving forests, wildlife, mining, protected areas, environmental clearances and ecological governance throughout India. The *Godavarman* litigation consequently became one of the most enduring examples of continuing mandamus in Indian constitutional history. This article argues that the post-*Godavarman* trajectory should not be understood merely as a story of judicial activism. Rather, it represents a movement from judicial intervention towards environmental constitutionalism and, more recently, towards an institutional environmental rule of law. The jurisprudence associated with Justice B.R. Gavai is particularly significant in understanding this transition. The continuing *Godavarman* proceedings, the institutionalisation of the Central Empowered Committee, the Zudpi jungle forest litigation and environmental-clearance jurisprudence together demonstrate an approach that seeks to combine ecological protection with institutional competence, scientific reasoning and statutory accountability. The article argues that the future legitimacy of judicial environmentalism lies not in the permanent expansion of judicial power but in the creation of institutions capable of protecting ecological systems through law, expertise and democratic accountability.
DOI: 10.63108/ijlmh.12725
Author: Dr. Jagdish Wamanrao Khobragade
Institution: Maharashtra National Law University Mumbai
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7204054299