Judicial Activism in Curbing the Problem of Public Nuisance to Environment in India

Abstract:     
The problem of environmental pollution has assumed massive and grave proportions over the decades. It has been left to the courts in India to go behind the letter of the law into the spirit of the law to find out the plausible solutions for the problem though evolution of the law of public nuisance into environmental law. Though the implementation of statutory provisions, as also by embracing various international doctrines, the Supreme Court of India as well as various High Courts have tried time and again to develop environment-friendly jurisprudence in India through the recognition of the principle of Sustainable Development. However, the actions of the judiciary has been under attacks from other organs of the State alleging that the judiciary is transgressing its boundaries and stepping into the realms of the executive and the legislature. This paper is an effort to trace the environmental jurisprudence in India and to find out whether judicial activism can actually lead to sustainable development.

Number of Pages in PDF File: 23

Keywords: environmental pollution, sustainable development, polluter pays, precautionary principle, public nuisance, judicial activism

working papers series