Right to Environment: Judicial Expansions Definition, Types, Examples & Uses

Right to Environment: Judicial Expansions

Subject: Polity

Book: Indian Polity by M. Laxmikanth

Rooted in Article 21’s interpretation that life implies a healthy environment. Case law (MC Mehta series) championed public trust doctrine, polluter pays principle, and precautionary principle. The apex court mandates environmental impact assessments and penalizes industries harming ecology. Directive Principles (Article 48A) and Fundamental Duties (Article 51A(g)) reinforce environmental stewardship. The National Green Tribunal further streamlines dispute resolution. Critics fear judicial activism may hamper development if not balanced with socio-economic needs. However, the overarching consensus is that safeguarding environment is intrinsic to constitutional promises of life quality, requiring sustainable governance approaches that integrate ecology with progress.