Judiciary of India and Implementation of International Environmental Law: Some Remarks

Abstract

The Constitution of India, as originally enacted, did not contain any provisions for the protection and preservation of the environment. However, Art. 51 (c), which mandates that the State should foster respect for international treaties and international obligations, is present in the Indian Constitution from its inception brought the principles of international environmental law into the domestic law of the country. After the Stockholm Conference, late Prime Minister Mrs Indira Gandhi returned back to India as an environmentalist and was instrumental in incorporating Art. 48-A and 51A (g) in the Constitution of India by a constitutional amendment in 1976. With this environmental protection received constitutional sanction and became a national concern. The chapter enumerates some of the most widely accepted legal principles of international environmental law, which have been incorporated in the domestic law by the Supreme Court of India. Keywords:domestic law; international environmental law; international treaties; Stockholm Conference; Supreme Court of India