Answer:
| Approach:
Introduction
- Begin with a brief overview of the importance of environmental protection in India and the role of the Supreme Court in addressing environmental issues within the constitutional framework.
Body
- Divide the main content into sub-sections discussing:
- The expansion of the right to life (Article 21) to include the right to a pollution-free environment, with case law examples (e.g., Oleum Gas Leak Case).
- The integration of international environmental principles into Indian law, such as the Precautionary Principle and Polluter Pays Principle, with case law examples (e.g., Vellore Citizens Welfare Forum v. Union of India).
- The application of the public trust doctrine and the recognition of state and citizen responsibilities in protecting the environment, with case law examples (e.g., T.N. Godavarman Thirumulpad v. Union of India)
Conclusion
- Conclude, emphasizing the innovative interpretations of the Constitution and the establishment of a solid legal framework for addressing environmental challenges.
|
Introduction:
This statement highlights the crucial role played by the Indian Supreme Court in integrating environmental concerns into the legal and constitutional framework. The Supreme Court has been instrumental in interpreting the Constitution to address environmental issues and uphold the right to a healthy environment as a fundamental right.
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Body:
Some of the significant case laws that support this statement are:
- C. Mehta v. Union of India (1987):
- The Oleum Gas Leak Case: This case expanded the scope of Article 21 of the Indian Constitution, which guarantees the right to life, by including the right to a pollution-free environment.
- The court introduced the principle of ‘absolute liability,’ holding industries responsible for any harm caused by hazardous activities, irrespective of their intent or negligence.
- C. Mehta v. Union of India (1997):
- Taj Mahal Preservation Case: In this case, the Supreme Court invoked the “Precautionary Principle” and “Polluter Pays Principle” under the Indian Constitution.
- The Court ordered the closure of industries operating near the Taj Mahal, which contributed to the monument’s degradation due to pollution.
- This judgment emphasized the need for sustainable development and the protection of cultural heritage.
- Vellore Citizens Welfare Forum v. Union of India (1996):
- This case marked the Supreme Court’s recognition of the “Precautionary Principle” and the “Polluter Pays Principle” as essential components of Indian environmental law.
- These principles now act as guidelines for authorities to take preventive measures and ensure the polluters bear the cost of pollution remediation.
- N. Godavarman Thirumulpad v. Union of India (1997):
- Forest Conservation Case: In this landmark judgment, the Supreme Court expanded the scope of Article 48A and 51A(g) of the Constitution, which pertains to the protection of the environment and wildlife.
- The Court emphasized that the state and citizens have a duty to preserve the environment and maintain ecological balance.
- The case resulted in the creation of the Central Empowered Committee (CEC) to monitor forest conservation issues in India.
Conclusion:
These cases exemplify the Supreme Court’s role in the constitutionalization of environmental problems in India. Through innovative interpretation of the Indian Constitution, the Court has expanded the scope of fundamental rights, incorporated international environmental principles, and reinforced the state’s responsibility to protect the environment for current and future generations.
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