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SUB THEME- ENVIRONMENT AND THE ROLE OF SUPREME COURT OF INDIA

Title- Judicial Activism on Environment Protection

The Indian Supreme Court has played remarkable and pivotal role in resolving environmental
issues in India. In the recent years, there has been a sustained focus on the role played by the
judiciary in concocting and monitoring the implementation of various measures for pollution
control, conservation of forests and wildlife protection. For this the supreme court has
adopted various methods to invoke its jurisdiction through Writ Petitions, Public Interest
Litigations (PILs) and its original jurisdiction to implementing concepts and principles of
healthy environment, directing polluters to follow the environment laws and policies,
reminding the State and various authorities to perform their duty and even in violation of that
various penalties provided there. The hon’ble supreme court is the major compelling force
behind some significant environment legislations. The Supreme Court has a important
contribution in creating a link between a fundamental duty and fundamental right of the
Indian citizens. In a landmark judgement the hon’ble Supreme Court said that the
environmental protection which previously was a fundamental duty under article 51(A) is
also a fundamental right under article 21 of the constitution of India. This paper is to analyze
the steps taken by judiciary to forward the goal of environment protection. The main
objective behind this research is to identify the present scenario, study the nature and extent
of till date developments in various environmental statuses and various issues regarding the
court decisions and judicial process. It also analyzes some remarkable principles and
doctrine propounded by the Indian judiciary, the constitutional aspects and the new trends in
judicial approach in environmental protection

Key words: The Supreme court, Environment Protection, Constitutional aspects, Judicial
approach.

AUTHOR: Kamini D/o Des Raj

Student (University Institute of Legal Studies, Panjab University, Chandigarh)

Contact: 9417667070

E- mail- kaminichaudhary70@gmail.com
Address: V.P.O- Jayanti majari,Tehsil- Kharar, district- SAS Nagar, Punjab[ pin code-
14091]

AUTHOR: Deeksha D/o Devraj Bhumbla

Student (University Institute of Legal Studies, Panjab University, Chandigarh)

Contact: 78371-26071

E-mail- deebhumbla28@gmail.com

Address: Village- Surapur, P.O- Kathgarh, Tehsil- Balachaur, District- S.B.S Nagar, Punjab[
pin code- 144522]