1.

CLASS ACTION/PUBLIC INTEREST LITIGATION AND JUDICIAL TRENDS

IN WATER ACT

The concept of class action is embodied in the Civil Procedure Code, 1908 1 where if the number of
persons have common interest, one or more of such persons can file a suit being a class action suit.. A
recent example of such type of case is the Bhopal Gas leak disaster litigation.
The invoking of the original jurisdiction of the Supreme Court and the high Court under article 32 and
226 is a step forward in providing protection to the environment. Courts have widened the scope of
substantive right to health and a clean environment. In recent cases, the progress was made with the aid of
PIL. Thus, in order to reap the benefits of substantive environmental rights, court has opened a path of
processual justice, without enslaving themselves to procedural compulsions.
The observation of Supreme Court is indispensable in these matters as it emphasizes the rationale of PIL
in environmental issues. It is the duty of the state to protect the environment which is a duty imposed by
Directive Principles and Fundamental Duty introduced by the 42nd amendment of the Constitution.
Courts have kept this duty as a Constitutional mandate. Any person who raises an environmental issue,
whether individual or a group of persons are equally concerned with the problem.
The ranges of issues addressed in PIL are having a broad scope. It extends from compassion to animals,
privileges from tribal people to fishermen, to the ecosystem to Himalayas and forests, eco-tourism, land
use patterns. The cause of environment being taken up through PIL was done by a wide number of people
in the society, Lawyers, associations of lawyers, environmentalists, groups and various centers catering
to environment protection, welfare forums, forest conservation, societies registered under Societies
Registration Act, and consumer research center which have successfully perused environment issues
before the courts. Urban social activists, chairman for rural voluntary association and residents of housing
colonies were also invited in advocating environment issues. While in some cases letters were considered
as Writ petition, in some others paper reports induced state actions. The powers of Supreme Court under
Article 32 and those of High Courts under article 226 to give directions have gained huge significance in
environment litigation. Courts have made use of these powers to remedy past issues relating to
environment and to check immediate and future agitation of the environment.

1Order I Rule 8