Supreme Court of India and Environmental Justice: A Historical Analysis

Abstract

It is only stating the obvious that the higher judiciary in India, the Supreme Court in particular, plays a leading role in protecting the environment by looking at environmental issues as important for sustaining development and enhancing human rights. The parameters of such environmental jurisprudence are closely linked with significant constitutional developments in the last two decades. In this setting, the recent spurt of ‘judicial activism’ assumes significance, particularly when the processes of globalisation, liberalisation and privatisation have accentuated environmental degradation. Through judicial activism, the Court moves beyond its normal role of a mere adjudicator of disputes to one of becoming an active player in the country’s political system, laying down the principles and guidelines that the executive must carry out. This process is analysed through Pareto Criterion on the parameters of environment and development.