Mains Focus – 29th April 2025

Question

“The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. [10 Marks, GS Paper 2, 2022]

Answer

The Supreme Court of India has played a pioneering role in the “constitutionalization” of environmental issues, interpreting and expanding constitutional provisions like Articles 21, 48A, and 51A(g) to protect the environment. Through judicial activism, it has embedded environmental rights within the framework of fundamental rights, marking a major achievement of modern Indian law.

1. Expansion of Article 21 – Right to Life
   

   The Court interpreted the “right to life” under Article 21 to include the right to a clean and healthy environment.

• M.C. Mehta v. Union of India (1986) – Oleum Gas Leak Case: Established the principle of “absolute liability” for industries engaged in hazardous activities. 
• Subhash Kumar v. State of Bihar (1991): The right to pollution-free water and air was recognized as part of Article 21. 

2. Public Interest Litigation (PIL) Mechanism
   

   Environmental issues, often affecting marginalized groups, were brought under PILs for greater judicial oversight.

• Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh (1985-87) – Dealt with limestone mining in the Dehradun valley and its impact on the environment. 

3. Development of New Doctrines
   

   The Court introduced innovative principles:

• Polluter Pays Principle – Indian Council for Enviro-Legal Action v. Union of India (1996). 
• Precautionary Principle – Vellore Citizens’ Welfare Forum v. Union of India (1996). 

4. Creation of Specialized Institutions
   

   The Court mandated the setting up of bodies like the National Green Tribunal (NGT) to deal with environmental cases efficiently.

Conclusion

By constitutionalizing environmental protection, the Supreme Court has elevated environmental concerns to the level of fundamental rights, ensuring judicial remedies and long-term ecological sustainability. This stands as a landmark achievement in India’s modern legal and constitutional history.

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