Judicial activism & environmental jurisprudence in india law articles this period was characterized by not only administrative and legislative activism but also judicial activism protection of the environment throws up a host of problems for a developing nation like ours administrative and legislative strategies of harmonization of. Judicial activism earned a human face in india by liberalizing access to justice and giving relief to disadvangtaged groups and the have-nots under the leadership of justices vr krishna lyer and pn bhawati. Judicial activism & growth of environmental jurisprudence i introduction judiciary in india particularly, supreme court and high courts have played an important role in preserving the environment without halting the development of the country which means preservation of doctrine of sustainable development india being a developing country with vast geographical area and large population, the main task of the government becomes to look after present and future needs of people. Historians, social scientists, environmentalists, social activists, civil societies, policy makers, jurists etc are debating and writing about the various aspects of environment, including the environmental law, in india in this process, environmental concerns are raised and remedies for safeguarding the environment are suggested.
Union of india and ors, the supreme court of india upheld that “water is the basic need for the survival of human beings and is part of the right to life and human rights as enshrined in article 21 of the constitution of india and the right to healthy environment and to sustainable development are fundamental human rights implicit in the right to life. Judicial activism should not become judicial fundamentalism it is also necessary that the effort lot redemocratise india is not left to judges alone it is the duty of every thinking citizen of this country to help the judiciary in this effort. 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 keywords: environmental pollution, sustainable development, polluter pays, precautionary principle, public nuisance, judicial activism.
Keywords: judicial activism, environment protection, effectiveness, india came to the supreme court of india formed the foundation of judicial response in ratlam municipality v vardhich and air development of the environmental jurisprudence in india. Theoretical background judicial activism has become a subject of controversy in india1 recent and past attempts to hinder the power of the courts, as well as access to the courts, included indirect methods of disciplining the judiciary, such as supersession of the judges2 and transfers of inconvenient judges3 critics of judicial activism say that the courts usurp functions allotted to the other organs of government. Areas of judicial activism during the past decade, many instances of judicial activism have gained prominence the areas in which judiciary has become active are health, child labour, political corruption, environment, education, etc. 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 arpita, judicial activism in curbing the problem of public nuisance to environment in india (july 27, 2009. By suzanna sherry, herman o loewenstein professor of law in this piece, suzanna sherry summarizes her essay, “why we need more judicial activism” the full version of the essay will appear in a collection sherry has co-edited with giorgi areshidze and paul carrese to be released in 2014 by suny press.
The paper will try to explore the development of environmental jurisprudence in india however the scope of this paper will be primarily restricted to describing the steps taken by the indian courts in regards to the environment and how the shift in the attitude of indian courts have contributed to the corpus of indian environmental jurisprudence. The development of the environmental jurisprudence in india over the last two decades through the innovative judicial decisions of the hon'ble supreme court and the high courts is probably the great inspiration for those who believe that law is the initiator rather than reactor of the social change. 5) the recent report by the national bank for agriculture and rural development (nabard), reiterate the vulnerability of indian agriculture households discuss(250 words) august 20, 2018 4) it is high time for both the rbi and the government to make a choice between legislative mandates of inflation rate targeting and a holistic approach for. 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.
Judicial activism and environmental jurisprudence: the judiciaries anxiety for combating environmental assaults has already been well elucidated its concern for the maintenance and preservation of forests, one of our depleting natural resources has also been highlighted. But 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 by not only administrative and legislative activism but also judicial activism. India also participated in the united nations conference onhuman environment, popularly known as the stockholm conference, held in 1972which resulted in codification of environmental law in india in addition to the above, india is a party tothe various international environmental agreements.
Judicial activism active judiciary, passive executive in normal circumstances, judicial activism should not be encouraged but the circumstances are not normal the political system is in a mess in several areas, there is a situation to administrative paralysis take the recent hawala case, which is a good example of judicial activism what transpired in this case is very instructive. Environmental jurisprudence in india: a look at the initiatives of the supreme court of india and their success at meeting the needs of enviro-social justice 2 introduction environmental law is a developing branch of law in india and has not yet established its roots firmly in the soil of the indian judicial system though we can definitely.
The indian environmental jurisprudence was in a deep slumberbut today, the environmental consciousness imported by the courts, mingled withsubsequent legislative efforts in the later years, introduced the right toenvironment as a fundamental right. These new innovations and developments in india by the judicial activism open the numerous approaches to help the country in india, the courts are extremely cognizant and cautious about the special nature of environmental rights, considering that the loss of natural resources can’t be renewed. Judicial activism on environment in india 15 pages posted: 23 jan 2014 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 jurisprudence & legal philosophy.