Judicial Activism in Environmental Legislation in India

Judicial Activism in Environmental
legislation in India
What is basically judicial activism mean
• The Indian judiciary always wanted to exercise its power

whenever the other two organs of the government i.e.
legislative and executive fails to discharge their functions. This
inquisitiveness of the judiciary with overpowering over other
organs and to be in action when the other two can't properly
work is termed as judicial activism
Reasons for introducing judicial activism in
environmental law
• The most significant reason for introduction of judicial activism

in environment legislation is the relaxation of rule of locus
standi as of which people were provided with a chance to move
to the court under Article 32 and 226 of the Constitution of
India.
• My research paper wil focuses on elaborating the contribution
of judiciary in formation of environment laws through various
principles and doctrines of environmental importance by way of
environment litigations and judicial pronouncements.
• The engagement of judiciary have led to arrival of more prominent
environment legislation in India as with the introduction of this concept
in our country environment issues were given proper regard which led
to the inclusion of right to clean and healthy environment as a part of
our fundamental right which is guaranteed by the constitution.
• The role of judiciary in formulation of environment legislation in India
can be clearly understood by landmark cases which have given a new
face to environmental laws, because of these leading cases only, today
we are having various number of doctrines and principles present for
protection and preservation of environment and to achieve sustainable
development goals.
• Municipal Council, Ratlam Vs. Shri Vardichand and Ors.,1980
• Until this case, there was not very much involvement of judiciary in formation
of environment legislation or its protection, so this case can be considered as
the initial stage of the formation of more protective environment laws. The
facts of the case was that ratlam is a city in Madhya Pradesh in India where
some of the residents of the municipality filed a complaint regarding the
improper drainage facility before the Sub-Divisional Magistrate under Section
133 of Criminal Procedure Code, 1973. As this was a public health issue so the
ruling was based on the interests of society preserving their social interest
which was inferred from the preamble and Article 38 of the Constitution of
India, 1950. So, the municipality was ordered to take immediate action within
six months regarding sanitization and contamination and pollution of streets.
• Rural Litigation and Entitlement Kendra Vs. State of Uttar Pradesh and Ors., 1985
• Popularly known as Dehradun Valley's Case During 1955 to 1965 there was sudden increase in limestone
mining operation in Doon valley a part of Mussoorie hill range of Himalayas) because of which various
lease were granted in 1962. But later on due to increase in mining certain negative effects came forward
like deforestation, decline in food production, loss of agricultural land, loss of irrigation facilities, etc.
which were clearly disturbing the ecological balance of the society at a very large scale. This mining also
forced the local people to shift their employment resources from agricultural to non-agricultural sector as
mining was destroying the fertility of land and was degrading the water level and its quality too. the
Supreme Court directed the closure of certain mines and asked certain mine owners to abide by the rules
and make changes regarding it, under Article 32 of the Constitution of India, 1950 as these mines were
violating the fundamental right of the people guaranteed under Article 21 of the Constitution.
The Court also asked the Uttar Pradesh Government to reallocate these mines and also asked for
providing employment to the people who got unemployed by the closure of certain mines. This
judgement is considered as a historic one as the court took step regarding the protection and
preservation of environment, keeping in view about employment opportunities too
• Union Carbide Corporation Vs. Union of India popularly known as bhopal gas tragedy
cases On December 3, 1984, almost forty tons of Methyl Isocyanate (MIC),
a toxic gasmixed with water creating an exothermic reaction leaked from
Union Carbide India Limited (UCIL) plant and spread in Bhopal, a city in
Madhya Pradesh in India. This gas leakage effects were so hazardous that
thousands of people were killed on the spot and various were effected
through this at large and many generation faced the hard consequences
of it as children's use to get born with certain disorders like visual
impairment etc. and this all was caused due to the negligence of the
company. the court applied the absolute liability principle, relying upon
which seven ex-employees including the former chairman of UCIL were
convicted by the court of causing death by negligence
• M.C. Mehta Vs. Union of India, 1986 (Shriram Fertilizer Case) (Oleum Gas Leak Case)
• A writ petition was filed under Article 32 of the Constitution which was made on
reference by the bench of three judges as questions of seminal importance and
high constitutional significance was raised in the petition which was originally
heard. The facts of the case was that on December 4th and 6th of 1985, a major
leakage of Oleum gas took place from one of the units of Shriram Food and
Fertilizer's Limited, a cloth mill which was producing caustic and chlorine and was
located at Delhi by which various persons were severely affected and some died on
the spot. So the court herein referred to the absolute liability principle which was
needed to be adopted seeing the present scenario of the incidents and through
which companies can be held completely liable for their negligent act and it was
also mentioned by the court that this concept would not include any exception to it
as the essence of this new principle of liability will be washed away.
• There are many judgments in which the honorable court worked towards environment and people and established many principles and doctrines
• 1. The Precautionary Principle
The basic idea behind this principle is that prevention is better than cure. It says that preventive measures should be taken while carrying out an
activity which can lead to environment degradation i.e. we should not wait for the harm caused. It's better to be take safety precaution beforehand
only.
• 2. The Polluter Pay Principle
For the first time in the case Vellore citizen the polluter pay principle was recognised in India as a part of environmental law . This principle says that
the polluters should not only pay compensation in regard to the harm cause to the environment but should also bear the cost which would be
needed in regard to the restoration of the environment into its original position
• The Public Trust Doctrine
• This doctrine says that certain resources like sea, water, air, land, flora, fauna and others which represent the natural system are of public use and
cannot be privately owned by any particular individual and it is duty of everyone to safeguard them and preserve them for the future generation. This
concept has been developed in India through various judicial pronouncements.
• The Sustainable Development Principle
• The court in Narmada BachaoAndolan v Union of India observed that “sustainable development means the type of development which can be sustained by nature/ecology
with or without mitigation”. In Vellore Citizens' Welfare Forum v Union of India, the
traditional concept that development and ecology were opposed to each other was rejected and sustainable development was adopted. This principle was again used in
Taj Trapezium Case, and it was held that even though mines and industries were important for economic development, it cannot outweigh the importance of protection of the
environment.
• In State of Himachal Pradesh v Ganesh Wood Products, the court invalidated forest-based industries and held that the principle of inter-generational equity was important for
the conservation of forests and sustainable development.
Conclusion
• Environment and development go hand in hand with each other i.e. for
development of the country environment conditions need to be good and vice-
versa. The public health and environment related topics can be not left aside as
they are key part to the country's growth and development. The environment
provides and fulfills our every basic necessity of life and without healthy
environment, human existence is not possible. The judiciary has played a very
important role in formulation of various principles and doctrines and
development of environmental legislation especially by including right to clean
and healthy environment as a part of our fundamental right under Article 21 of
the Constitution. But still for better environment condition public awareness
programmes need to be conducted so that people can be aware of their right
and duties and environment can be preserved in a more better way.

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Judicial Activism in Environmental

• The Indian judiciary always wanted to exercise its power

• The most significant reason for introduction of judicial activism

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