Abstract
Environmental degradation poses one of the gravest challenges to the fundamental right to life in modern India. The Indian judiciary has played a proactive role in interpreting Article 21 of the Constitution which guarantees the right to life to include the right to a clean, healthy, and sustainable environment. This paper critically examines the evolution of environmental jurisprudence in India through key judicial decisions and analyses how courts have advanced the cause of environmental justice. While the judiciary’s interventions have filled critical policy gaps and empowered citizens, concerns related to judicial overreach, enforcement limitations, and separation of powers also surface. The paper concludes with recommendations to ensure that judicial activism remains effective, balanced, and constitutionally grounded.
Keywords: Environmental Justice, Right to Life, Article 21, Judicial Activism, Supreme Court of India, Environmental Jurisprudence, Sustainable Environment, Constitutional Law etc.
- Introduction
In recent decades, environmental issues have gained global attention due to their direct impact on public health, climate change, and human rights. In India, the Constitution does not explicitly guarantee a fundamental right to a clean environment. However, the Indian judiciary has expanded the scope of Article 21 the Right to Life to include the right to live in a pollution-free and ecologically balanced environment.
This judicial activism has evolved as a response to growing environmental challenges and the failure of administrative agencies to address them effectively. Through Public Interest Litigations (PILs) and judicial review, Indian courts have taken upon themselves the task of enforcing environmental standards and developing new principles of environmental law. This paper critically analyzes the role of the judiciary in advancing environmental justice in India through landmark cases, while also evaluating the impact and limits of such activism.