Abstract

In point of fact, the developing environmental jurisprudence in India has depended on three distinct but interrelated components. To begin, it exemplifies the new constitutional law logic in India, which now unequivocally places a higher priority on addressing the concerns of the general public than it does on guarding individual rights. Second, it represents some parts of Indian legal culture via an implicit and explicit reliance on autochthonous values that are founded on old, pre-colonial indigenous beliefs and concepts of law. These values are reflected in the constitution. Thirdly, it is a testament to the exceptionally active role that the higher Indian Judiciary has played in pushing this new logic, which is borne out by this evidence. The function of higher judiciary in the recent evolution of Indian environmental jurisprudence may be characterised by these three components that are interrelated with one another.

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