Introduction
The Constitution did not expressly mention the environment, but Articles 48A and 51A(g) created environmental duties. The Supreme Court converted these directives into enforceable safeguards by expanding Article 21 through Public Interest Litigation.
Principles evolved
- Right to a healthy environment: In Subhash Kumar v. State of Bihar, the Court held that Article 21 includes pollution-free air and water.
- Liability and restoration: The Oleum Gas Leak case evolved absolute liability for hazardous enterprises. Indian Council for Enviro-Legal Action applied polluter pays to compensation and ecological restoration.
- Prevention and sustainable development: Vellore Citizens’ Welfare Forum recognised precaution and polluter pays as features of sustainable development. Scientific uncertainty cannot justify postponing preventive action.
- Protection across generations: In M.C. Mehta v. Kamal Nath, the public trust doctrine treated the State as trustee of resources. Intergenerational equity requires their preservation for future generations.
Institutional contribution
- Liberalised locus standi enabled affected communities and organisations to approach courts.
- Continuing mandamus, notably in T.N. Godavarman, facilitated monitoring of forest governance and administrative compliance.
Limitations
- Judicial overreach may disturb the separation of powers, making courts function like a “super-legislature” or “super-executive” in technical policy matters.
- Courts lack independent enforcement machinery; consequently, landmark orders often suffer from weak implementation by under-resourced or non-compliant agencies.
- Inconsistent treatment of infrastructure projects and dependence on contested expert committees can produce fragmented and scientifically uncertain adjudication.
Conclusion
The Supreme Court transformed environmental protection from a policy aspiration into a constitutional entitlement. Its principles remain foundational, but durable outcomes require consistent adjudication, scientific capacity, regulators and executive implementation.
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Environmental Jurisprudence