The constitutionalization of environmental issues by the Supreme Court is among the most transformative developments in contemporary Indian jurisprudence. Discuss the statement with the help of relevant case laws.
Introduction
Over the years, Supreme Court has interpreted various environmental issues from the lens of constitutional rights, thus has led to safeguarding of the natural assets and also awareness among the masses.
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Main Body
Case 1: SC in Dehradun Quarrying case - Potential Right to health environment as integral part of Article 21 right to life (Article 21) Case 2: SC in Subhash Kumar case - Right to unpolluted environment is a fundamental right under Article 21 Case 3: SC has used Judicial Activism to observe in ensuring a cleaner Ambient Air (Waqthi, Ping, Ghasipur)
Benefit of constitutionalization of environmental issues by SC: Protection of tribal rights (Eg. Samatha judgement), conservation forums, areas, Eg. Niyamgiri Judgement, Balking awareness among masses for environment protection. Way forward: Even though the dynamic nature of Indian constitution allow the Judiciary flexibility in interpreting it for environmental concerns. Prudicial prudence must be followed to avoid judicial overextension.
Diagram
Flow chart showing benefits of constitutionalization of environmental issues by SC, including protection of tribal rights, conservation forums, and giving liberty to environmental activists in raising issues
SHIVAM SINGH
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Right to Privacy and Article 21
Environmental issues and constitutional protection
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analytical
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