Judicial Activism on Environment in India

15 Pages Posted: 23 Jan 2014

See all articles by Amit Singh

Amit Singh

University of Petroleum and Energy Studies (UPES), Dehradun

Date Written: January 22, 2014

Abstract

The Indian judiciary demonstrated willingness to exercise its power whenever the political/executive organs of the state failed to discharge their constitutional obligations effectively. This willingness has been often termed as ‘judicial activism’. Around 1980, the Indian legal system, particularly the field of environmental law, underwent a sea change in terms of discarding its moribund approach and instead, charting out new horizons of social justice. This period was characterized not only by administrative and legislative activism but also judicial activism. A subset of this has been environmental activism, which has developed in India in a very major way. One of the reasons for judicial activism in specific environmental cases has been the relaxation of the rule of locus standi giving a chance to the public to approach the Court under Articles 32 and 226 of the Indian Constitution. Also, the recognition of environmental rights as a ‘fundamental right’ under Article 21 (Right to Life) of the Indian Constitution has given a constitutional sanctity to the right to enjoy a clean and healthy environment.

Keywords: Environment, Constitution, Court, PIL

Suggested Citation

Singh, Amit, Judicial Activism on Environment in India (January 22, 2014). Available at SSRN: https://ssrn.com/abstract=2383144 or http://dx.doi.org/10.2139/ssrn.2383144

Amit Singh (Contact Author)

University of Petroleum and Energy Studies (UPES), Dehradun ( email )

India
01352770137 (Phone)

HOME PAGE: http://https://www.upes.ac.in/faculty/show/700

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