Q. “The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws.

Model Answer: 

Constitutionalization of Environmental Problems by Supreme Court of India

The constitutionalization of environmental problems by the Supreme Court of India marks a significant milestone in modern Indian law. This process has transformed environmental protection from a mere policy directive into a fundamental right.

The Supreme Court’s role in this transformation:
• Interpreted Article 21 (Right to Life) to include the right to a clean environment
• Applied the Public Trust Doctrine to environmental cases
• Expanded the scope of environmental protection through judicial activism

Key constitutional provisions:
• Article 48A: State’s duty to protect the environment
• Article 51A(g): Citizen’s duty to protect the environment

Landmark case laws and their impact:

1. M.C. Mehta v. Union of India (1986) – Oleum Gas Leak Case:
– Established absolute liability principle
– Led to closure of hazardous industries in Delhi

2. Indian Council for Enviro-Legal Action v. Union of India (1996):
– Upheld “Polluter Pays” principle
– Resulted in compensation for environmental damage

3. Vellore Citizens Welfare Forum v. Union of India (1996):
– Integrated sustainable development concept
– Balanced economic growth with environmental protection

4. M.C. Mehta v. Kamal Nath (1997):
– Applied Public Trust Doctrine
– Protected ecologically sensitive areas

The Supreme Court’s interventions have:
• Influenced environmental policies and legislation
• Led to the establishment of specialized environmental tribunals
• Raised public awareness about environmental issues

However, challenges remain:
– Balancing development with environmental protection
– Ensuring effective implementation of court orders

The Supreme Court’s approach has faced some criticism for judicial overreach, but its role in elevating environmental protection to a constitutional mandate is undeniable.

Conclusion: The Supreme Court’s constitutionalization of environmental issues has significantly advanced environmental protection in India, setting a global precedent.