Indian Judicial Activism on the 'Right to Environment': Adjudication & Locus Standi

Abstract

The federal Constitution of India imposes duty on both the citizens and the State to protect and preserve the environment, however the same is non-justifiable, i.e. not enforceable in the Courts of law. However, the active Indian judiciary has extended the scope of judicial review even when such duties are not discharged in the manner they ought to be, as they adversely affect the positive right of others to have an immaculate environment, thus issuing writs against the government. This paper analyzes notion of Indian judicial activism on the fragile issue of environment protection and evolution of environment jurisprudence in the contemporary India. The paper further highlights the commendable efforts of the Indian Judiciary in acting as a sentinel on the qui vive, maintaining an equilibrium between progress and environment, promoting sustainable development. In the preceding decades, the doctrine of locus standi and standing has undergone phenomenal advancements. Now public spirited individuals can file writ petitions in the High Courts and Supreme Court as Public Interest Litigation without following the mandate of locus standi. For that matter, even the procedural requirements have been relaxed, in the interest of justice and benefit of the masses. The Supreme Court while exercising its epistolary jurisdiction has often treated letters written to it as writ petitions, granting remedies to that aggrieved strata of the society, who are otherwise incapable or procuring justice for themselves. However, malicious and vexatious petitions are dismissed with heavy costs. The contents of the paper are divided into 6 parts. This paper has been prepared through doctrinal research methodology. Reference have been made to various books, articles, law journals, news papers, case laws etc. The Ist part explains the extended interpretation of Article 21 of the Indian Constitution, i.e. Fundamental 'Right to life' and the scope of Judicial Review in safeguarding these rights. However special emphasis has been made to the Right to life vis-a-vis right to clean environment. Part II of the paper highlights the growth of Judicial activism in India on environmental matters with an endeavour of sustainable development. Besides explaining the stages of growth of judicial activism, a brief comparison of Indian judiciary has been made with the English and the American Judiciary. This segment also highlights the active role of Special Environmental Courts and Benches established to deal with such matters. Discussion regarding the scope and ambit of Writ Jurisdiction of the High Courts and Supreme Court under Article 226 and 32 of the Constitution of India in the field of environmental access to justice has been enumerated under Part III of the paper, while Part IV lays special emphasis on Writ Jurisdiction vis-a-vis Public Interest Litigation (PIL). It highlights the new dimensions of the doctrine of standing in the realm of PIL, and emergence of same as an effective and efficacious remedy in the matters pertaining to environmental degradation. Part V of the paper describes the jurisdiction of the Sub-ordinate Judiciary in the matters of environmental concern. It explains all possible ways by which the jurisdiction of the lower judiciary can be invoked for expeditious relief, both civil and criminal jurisdiction. Consequently part VI highlights recent, active instances of the Higher Judiciary with special reference to sustainable development in the field of atomic energy. The study has dealt with the active role of Indian Judiciary in framing of environmental jurisprudence in the Country.