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Guardians of the
Environment: Judiciary's Actions for Environmental Justice in India
Aashifa, Bhawna Dahiya, Hardeep Rai Sharma*
Institute of Environmental
Studies, Kurukshetra University, Kurukshetra, Haryana-136119, India
*Email: hrai@kuk.ac.in, ORCID (HRS) - 0000-0002-5130-5205
DOI:10.70497/ewijst.2025.0102
Environmental Jurisprudence;
Ecological Sustainability;
Environmental Justice;
Landmark Decisions;
Public Liability;
Inter-generational Equity
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Abstract
This review paper outlines the significant
contribution of judiciary in environmental conservation by analyzing constitutional provisions, environmental
statutes, recorded judicial activities, and some notable judicial
principles. The Indian Constitution has laid a strong foundation for the
judiciary’s involvement in the explicit recognition of environmental rights
and obligations over the same. Significant judicial decisions such as M.C. Mehta vs. Union of India and Vellore Citizens Welfare Forum vs. Union
of India, as well as other judicial techniques surrounding the
disputes, have set precedent over environmental litigation and guided the
formulation of judicial principles like the Polluter Pays and the
Precautionary Principle. The paper underscores the judiciary’s positive and
proactive efforts towards mitigating environmental problems, supporting
sustainable development, and safeguarding the interest of the current and
future generations. Given their role as the protectors of justice and
defenders of the environment, the Indian judiciary has remained
instrumental in determining the country’s environmental character and
overall commitment towards environmental custodianship and ecological
sustainability.
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