Published Online:April 2024
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:
Author Name:Saumya Verma
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:14
The study analyzes the environmental legal framework and adjudication in India, with examples of judicial pronouncements in addressing environmental issues. It further provides insights on the effectiveness and challenges of the existing regulatory mechanisms. It has been observed that since 1980, India’s Supreme Court has exhibited a significant degree of interest and attentiveness towards environmental issues and the rights of individuals apropos natural resources. It has expanded the horizons of Article 21 of Indian Constitution to accommodate the “right to a clean environment” under it. While certain constitutional provisions, specifically Articles 48A and 51A(g), have had an impact on the decision-making process of the apex court, the fact remains that the adoption of public interest litigation is yet to permeate the lower levels of the judiciary. The dearth of a specific clause in the constitution makes this vital right rather obscure. Hence, it is suggested that the “right to a healthy environment” may be included as a fundamental right in the Indian Constitution
Environmental degradation has become a global problem, making life difficult for both current and future generations. International organizations like the United Nations have voiced concern over the state of affairs and have issued a number of international agreements, declarations, and protocols. The Stockholm Declaration, 1972; Nairobi Declaration, 1982; World Charter for Nature, 1980; Rio de Janeiro Conference, 1992; and the Johannesburg Declaration on Sustainable Development, 2002, are all instances of the UN’s concern about the state of the natural environment.