Constitutionalization of environmental problems by the Judiciary

Published on 16 Jan 2025

The protection of the environment by the state and citizens is already mentioned in Article 48A and Article 51A of the constitution. The judiciary has also given consideration to environmental problems by aligning them with violations of certain fundamental rights, notably Article 21, thus projecting the need to protect the environment.

Judgments that led to the constitutionalization of environmental problems.

• Subhash Kumar vs State of Bihar case: The Supreme Court ruled that water and air are an inalienable part of life under Article 21, and hence must be protected.

• Vellore citizens case: The evolution of the polluter pay principle as a remedial approach that focuses on restoring natural damage. The case also saw the first mention of sustainable development in Indian Environmental Jurisprudence.

• M.C. Mehta vs Kamalnath case: The evolution of the Public Trust Doctrine which is based on the idea that some resources like air, water, sea and forests are so essential to the general public that making them private property would be completely unjustified.

• Narmada Bachao Andolan vs Union of India case: The Supreme Court recognized water is a part of the right to life as enshrined in Article 21

• Bhopal gas tragedy case: The principle of absolute liability with no exceptions for industries involved in hazardous practice

• Vardhichand vs Ratlam Municipal Council case: Environmental damage would be classified as a public nuisance and public officials would be obligated to assist in the mitigation of the effects of such nuisance.

These instances of judicial activism have focussed on stressing the need to protect the environment and the requirement to maintain a clean environment to have a healthy life. These judgements have paved the way for the state and citizens to take actions in favor of the environment, thus preserving them.

Tags:
Polity

Keywords:
Constitutionalization of environmental problems by the Judiciary Bhopal gas tragedy case Narmada Bachao Andolan vs Union of India case protection of the environment article 51A article 21 M.C. Mehta vs Kamalnath case Subhash Kumar vs State of Bihar

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution