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ENVIORMENTAL GOVERNANCE IN INDIA
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Author(s):
ANUDEEP KAUR
Vol - 5, Issue- 6 ,
Page(s) : 143 - 163
(2014 )
DOI : https://doi.org/10.32804/IRJMSH
Abstract
A nation’s constitution is more than an organic act establishing governmental authorities and competencies :the constitution also guarantees to its citizens fundamental rights such as right to life which includes the right to clean and healthy environment. With increasing environmental awareness in recent decades, the environment has become a higher political priority, and many constitutions now expressly guarantee “right to a healthy environment,” as well as a procedural rights necessary to implement and enforce the substantive rights granted. This increased awareness has also led courts around the world to increasingly interpret the near –universal provision of “right to life” as implying the right to a healthy environment in which to live that life.
- Most of the principles under which environmental law works in India come within this period.
- Consisting of the Supreme Court of India, and the High Courts of the States.
- It has been found from Indian Supreme Court Case reports that out of 104 environmental cases from 1980-2000 in the Supreme Court of India, 54 were filed by individuals who were not directly the affected parties and 28 were filed by NGOs on behalf of the affected parties.
- With few exceptions such as Environment Impact Assessment (1994), Coastal Regulation Zone Notification (1991), and the Joint Forest Management Programme, the wealth of Indian environmental management stems from legislative and judicial actions. However, the Ministry of Environment and Forests is the nodal agency for virtually all environmental management processes set up by the legislature.
- It includes not only sustainable development but also air and water pollution, preservation of our forests and wildlife, noise pollution and even the protection of our ancient monuments, which are undergoing severe stress due to urbanization and consequent environmental pollution.
- In Hinch Lal Tiwari v. Kamala Devi, (2001) 6 SCC 496:the court observed “The material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature’s bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality
- Life which is the essence of the guaranteed right under Article 21 of the Constitution.”
- Environment protection improvement were explicitly incorporated into the constitution by (42nd amendment) act 1976.
- Protection and improvement of environment and safeguarding of forests and wild life.– The State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the
- country.
- Fundamental duties – It shall be the duty of every citizen of India to protect and improve the natural Environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
- The amendment introduced the new entry population control & family planning while forest & protection of wild animals & birds moved from state list to concurrent list.
- AIR 1997 SC 1109
- http://ekh.unep.org/files/best%20practices_judicial%20activism%20in%20india.doc visited on- 1st
- September 2010.
- The most characteristic feature of the Indian environmental law is the important role played by the public interest litigation .The majority of the environment cases in India since 1985 have been brought before the court as writ petitions, normally by individuals acting on pro bono basis.The public interest litigation is as a result of the relaxation of the locus standi rules.
- www.legalserviceindia.com.com/articles/jjj.htm visited on- 5th September 2010.
- A number of cases on environmental issues have been initiated through PIL. Beginning with the Dehradun lime stone quarrying case in 1983, followed by the Ganga Water Pollution case, Delhi Vehicular Pollution case, Oleum Gas Leak case, Tehri Dam case, Narmada Dam case, Coastal Management case, industrial pollution in Patancheru, and T.N. Godavarman case, all of them came to Court’s attention through PIL.
- The Supreme Court, in its interpretation of Article 21, has facilitated the emergence of the environmental jurisprudence in India. Furthermore, Article 142 afforded the Supreme Court considerable power to mould its decisions in order that complete justice could be done. Further court took help of Preamble, Article 14 and 19.
- See Soli. J.Sorabjee, Law and Justice-An Anthology, Universal Law Publishing company, New Delhi(2003), p.345.
- Municipal Council, Ratlam v. Shri Vardhichand and others, (1980) 4 SCC 162.
- Rural Litigation and Entitlement Kendra v. State of U.P. (1985) 2 SCC 431, (1985) 3 SCC 614, (1986) Supp SCC 517, (1987) Supp SCC 487, (1989) Supp 1 SCC 504, (1989) Supp 1 SCC 537, (1989) Supp 2
- SCC 384 and (1991) 3 SCC 347
- Also see AQFM v. Central Pollution Control Board AIR 2000 SC 499, M.C. Mehta v. UOI AIR 1997 SC 463, Vineet Kumar Mathur v. UOI & ors 1996 SC 714.
- According to Article 14 State shall not deny equality before law & equal protection of law within territory ofIndia.
- E.P Ropayya v. state of Tamil Nadu.AIR 1974 SC 555
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