SUSTAINABILITY OF SUSTAINABLE DEVELOPMENT: AN INDIAN

JUDICIAL RESPONSE

Does Article 21 of the Constitution of India guarantee wholesome development in this era of
Globalization? Is globalization the only threat to sustainable development? The answer to the
former question is in the affirmative while answer to the latter is negative. On one hand
Globalization partly hampers sustainable development. On the other hand how is
globalization being affected by sustainable development has been taken up as an issue by the
international community. This study includes and appreciates the origin, meaning and the
various principles of sustainable development. An in-depth understanding of ‘precautionary
principle’ and ‘polluter pays principle’ has been contrived as these principles have been the
basis of development of our Environment Protection Act, 1986. Since the very inception of
Globalization it has been considered as a threat to our environment. The research brings up
the fact that it is not globalization but the excessive industrialization which is actually causing
the degradation to the environment and hampering the sustainable development.

Appreciating the Indian judiciary the researcher has linked the sustainable development and
globalization. The progressive view of the Supreme Court in cases like M.C. Mehta versus
Union of India, Rural Litigation and Entitlement Kendra versus State of Utter Pradesh,
Tarun Bhagat Singh versus Union of India wherein the Supreme Court has given equal
importance to ecological balance and development of country has been dealt.

The study concludes giving emphasis on the jurisprudential analysis of Sustainable

Development, Globalization and the laws regarding environment in India. The researcher has
suggested measures to have a synthesis, few workable and practical legal solutions, to deal
with Globalization and sustainable development in a harmonious manner bringing both
problem of only Globalization no sustainable development- thesis; and making strict laws to
curb globalization; and only sustainable development- anti-thesis.