Abstract

The Indian Constitution, as the supreme law of the land, provides legitimacy to all laws, including those concerning environmental protection. The Stockholm Conference of 1972 was pivotal in prompting India to introduce constitutional amendments that mandate the protection and improvement of the environment. The 42nd Amendment introduced Articles 48A and 51A(g), which impose responsibilities on the state and citizens to safeguard the environment, forests, and wildlife. Article 253 further empowers Parliament to legislate in accordance with international treaties like the Stockholm Declaration. Public Interest Litigation (PIL) has been instrumental in the development of environmental law in India. Citizens can invoke Articles 32 and 226 to challenge harmful environmental actions, with the courts using the Polluter Pays Principle and Precautionary Principle to hold industries accountable. Landmark cases like Vellore Citizens Welfare Forum and M.C. Mehta have reinforced the judiciary’s proactive stance on environmental protection. The public trust doctrine limits the government’s authority over natural resources, ensuring that they are preserved for public use. However, the absence of explicit constitutional provisions to prevent the arbitrary sale or conversion of resources highlights the need for stronger legal protections. The judiciary has played a vital role in balancing economic development with environmental conservation, ensuring that future generations inherit a safe and sustainable environment. While the constitutional framework is strong, challenges in enforcement persist, especially at the grassroots level. Strengthening laws and increasing public participation in environmental governance are essential to ensure long-term ecological sustainability. The judiciary continues to serve as a critical guardian of environmental rights, guiding sustainable development while addressing pressing environmental concerns in India.

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