INTRODUCTION
The rapid growth of industrialisation and urbanisation in India is harming the environment. They are increasing environmental issues like water pollution, air pollution, deforestation, and climate change. Humans are destroying the environment for their own good; for this reason, it was necessary to put a stop to this. That’s why environmental laws were created to set mandatory guidelines on how to use natural resources so they don’t become extinct and to what extent they can be used. The United Nations in 1972 declared 5th June as World Environment Day; on this day, the first international meeting was held to safeguard the environment, carrying the slogan “Only One Earth” in Stockholm. India was a signatory to the Stockholm Declaration.[1] After the UN’s declaration, the Indian Parliament added Article 51A(g) into the Constitution of India and introduced numerous environmental laws, such as the ‘Environment (Protection) Act 1986.’[2] ‘The Water (Prevention and Control of Pollution) Act 1974,’[3] and ‘The Biological Diversity Act 2002.’[4] Environmental protection is a fundamental right guaranteed under Article 21 of the Constitution,[5] and to safeguard this right and protect the environment, Indian courts have played a significant role in promoting environmental justice through constitutional interpretation and public interest litigation.
MEANING OF ENVIRONMENTAL JUSTICE
India has a great history of environmental protection. Indians have always considered the environment as divine. In the Rigveda, the air, water, land, fire, and ether are considered the five basic elements present in every living being. The Chipko movement is one of the most famous examples of how Indians would do anything to save the environment. Environmental justice basically means theories, laws, and interpretations regarding the protection of the environment.[6] Environmental justice fairly distributes the benefits and burdens of the environment among the people. It is a concept brought from Article 21 of the Constitution, according to which everyone has a right to clean air, water, and a healthy environment. Environmental harm often affects poor and vulnerable people because of a lack of money; they can’t afford a cleaner environment.
CONSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION
The Constitution has divided the burden of protecting the environment between the state and the citizens. The preamble of the Indian Constitution states that India is a socialist country; the government of India works for the welfare of its people, which is why it is bound by the obligation to safeguard the environment. The state government makes rules for state hygiene matters; Parliament makes laws for the whole of India. Legislation makes laws to protect the environment and prevent pollution and deforestation, such as the Environmental Protection Act, 1986. Articles 47 & 48A impose obligations on the state to provide the citizen a safe and clean environment.[7] Just like the state has a duty to protect the environment, the citizens also have some duties that are vested in them by the 42nd Constitutional Amendment. This amendment inserted Part 4-A in the Constitution of India, which imposed some fundamental duties on the citizens.[8] Article 51-A(g) specifically said that it is a fundamental duty of the citizen to protect the environment.[9] Article 21, the right to life, is also interpreted as the right to a healthy environment.[10]
ROLE OF INDIAN JUDICIARY
The Supreme Court is a supreme authority free from the influence of the executive and the legislature. When there is no proper law or there is a violation of fundamental rights, the court takes the matter into its own hands through public interest litigation. In the case of Bombay Dyeing & Mfg. Co. Ltd. v Bombay Environmental Action Group,[11] the Supreme Court upheld the principle stated in the Rio de Janeiro Declaration, ensuring that the current generation should not misuse the non-renewable resources so that the future generation can also enjoy the benefits of those.
In M.C. Mehta v Union of India,[12] M.C. Mehta filed a PIL in which the Supreme Court observed that the river Ganga was highly harmful near the city of Kanpur, the people there were throwing dead and half-burnt bodies in the water, and the dirty water of sewage was going into the river. The court held Kanpur’s Mahanagarpalika liable for the condition of the Ganga River and ordered the municipality to establish proper sewage treatment systems.
In Rural Litigation and Entitlement Kendra v State of UP[13], the court dealt for the first time with an issue related to environment and development; in this case, the court observed that for the development of the country, we can’t risk the non-renewable resources.
It has been proven time after time that the Supreme Court has always prioritised the environment. All the above-mentioned cases have expanded environmental rights. The court has clearly held that non-renewable resources cannot be used unnecessarily; they should be saved for future generations. The government should take responsibility to save the environment and take precautions for that. The Indian judiciary can hold the government liable if its action endangers the environment and infringes the fundamental right to a healthy environment, and take cognisance of that matter through Judicial Activism.
ENVIRONMENTAL PRINCIPLES DEVELOPED BY COURTS
Three principles are followed by the court in environmental decision-making –
The Polluter Pays Principle: Thomas Lindhqvist described the concept of this principle for the Swedish government. It basically means a person who is polluting the environment is liable to pay, either compensating the victims of the pollution or restoring the ecology. In the case of Indian Council for Enviro-Legal Action v Union of India (1996), the Supreme Court of India established this principle.[14] The Environmental Protection Act 1986 empowers the government to take strict measures in protecting the environment. The Supreme Court uses this principle to make decisions regarding the companies that harm the environment, and interprets the principle as the one who pollutes is liable to pay.[15]
The Precautionary Principle: The precautionary principle was given importance at the United Nations Conference held in Rio in 1992. It means that any sustainable development that can cause damage to the environment must be stopped and should be prevented from doing so. Even if the potential threat is not scientifically proven, the activity would still be stopped if the court thinks that the project would cause harm to the environment. The Supreme Court of India upheld the Precautionary Principle in the case Vellore Citizens’ Forum v. Union of India and said that it is an integral part of environmental law.[16]
The Public Trust Doctrine: The Doctrine of the Public Trust was first introduced in the Roman Empire. This principle basically means that the natural resources are gifted by God; no one has ownership over them. To preserve natural resources like rivers, forests, and air is the government’s responsibility for the public. These resources are solely for public use and cannot be given for private ownership. These resources should be saved by the current generation for the future generation. The Supreme Court held that no reason is justifiable to use these resources for personal use and exhaust them.
CHALLENGES IN ACHIEVING ENVIRONMENTAL JUSTICE
There are some challenges in achieving absolute environmental justice:
- Weak regularity compliance is one of the main reasons for implementing strict actions for the protection of the environment; many projects don’t have proper guidance and weak ‘monitoring bodies.’[17]
- Environmental projects are often invested in with short-term investment rather than long-term investment, which makes it challenging to create a sustainable environment.[18]
- The minor communities are usually the ones suffering from environmental pollution; they lack money, so they usually reside near the industries and slums; their influence on environmental policies is limited.
- The scientific data on environmental exposure and health outcomes are not precise enough to make accurate policies.
CONCLUSION
Environmental justice has become an important part of India’s legal system as environmental degradation increasingly affects both nature and human life. The Constitution of India provides a strong foundation for environmental protection through provisions such as Articles 21, 48A, and 51A(g).[19] Over the years, the Indian judiciary has played a crucial role in strengthening environmental governance by interpreting these constitutional provisions and encouraging public interest litigation. Through landmark cases like M. C. Mehta v. Union of India[20] and Vellore Citizens Welfare Forum v. Union of India[21], the courts have developed important principles such as the Polluter Pays Principle, Precautionary Principle, and Public Trust Doctrine. Despite challenges in implementation, the active role of the judiciary continues to promote accountability and ensure that environmental protection remains a priority for both the government and society.
Author: Palak Verma (Apex University, Jaipur)
References:
[1] ‘World Environment Day’ (Geneva Environment Network) <https://www.genevaenvironmentnetwork.org/world-environment-day/> accessed 28 March 2026
[2] Environment (Protection) Act 1986
[3] The Water (Prevention and Control of Pollution) Act 1974
[4] Saurav Narayan, ‘Role of Indian judiciary in the protection of the environment’ (iPleaders Blog, 09 April 2022) <https://blog.ipleaders.in/role-of-indian-judiciary-in-protection-of-the-environment/> accessed 28 March 2026
[5] Constitution of India 1950, art 21
[6] Sarita and Arun Klair, ‘ACCESSING ENVIRONMENTAL JUSTICE THROUGH THE LENS OF THE NATIONAL GREEN TRIBUNAL IN INDIA’ (2023) 4 HPNLU Journal of Environment & Disaster Management <https://www.hpnlu.ac.in/PDF/b6ff7c9c-1fb1-450f-b28f-bcc6709c77ec.pdf> accessed 29 March 2026
[7] Pooja Kapur, ‘Constitutional Provisions for Environmental Protection in India’ (iPleaders Blog, 28 June 2019) <https://blog.ipleaders.in/constitution-environment-provisions/> accessed 30 March 2026
[8] Constitution of India 1950, Pt IV A
[9] Ibid art 51A(g)
[10] Ibid art 21
[11] Bombay Dyeing & Mfg. Co. Ltd. v. Bombay Environmental Action Group and Ors AIR 2006 SC 1489
[12] M C Mehta vs Union of India and Ors AIR 1988 SC 1115
[13] Rural Litigation and Entitlement Kendra and Ors v State of UP and Ors AIR 1985 SC 652
[14] Indian Council For Enviro Legal Action Etc v Union of India and Ors (1996) 3 SCC 212
[15] ‘Principle of Environmental Law in India’ (De Facto IAS, 10 February 2020) <https://www.defactolaw.in/post/principle-of-environmental-law-in-india> accessed 31 March 2026
[16] Vellore Citizens’ Welfare Forum v Union of India and Ors AIR 1996 SC 2715
[17] ‘Towards Environmental Justice in India’ (Drishti IAS, 11 October 2025) <https://www.drishtiias.com/daily-updates/daily-news-editorials/towards-environmental-justice-in-india> accessed 31 March 2026
[18] Alistair Marjot, ‘Environmental Justice & Challenges (DP IB Environmental Systems & Societies (ESS): HL): Revision Note’ (Save My Exams, 24 June 2025) <https://www.savemyexams.com/dp/environmental-systems-and-societies-ess/ib/24/hl/revision-notes/9-environmental-law/9-1-introduction-to-environmental-law/environmental-justice-and-challenges/> accessed 31 March 2026
[19] Constitution of India 1950, arts 21, 48A and 51A(g)
[20] M C Mehta v Union of India and Ors AIR 1988 SC 1115
[21] Vellore Citizens’ Welfare Forum v Union of India and Ors AIR 1996 SC 2715
