Constitutional Provisions and Environmental Protection under Indian Law
Keywords:
Article 21, Environment Protection, Judicial Activism, Art. 51(A)(g), Public Interest Litigation.Abstract
This paper endeavors to review the constitutional provisions under the Indian Constitution in the light of Environmental Protection and the role of judiciary by way of judicial activism in evolving numerous principles/rights under the constitutional provisions and ensuring the protection of the environment. The judiciary has moved forward to step into the shoes of the aggrieved party and have provided them with all necessary remedies in case of infringement of their rights, precisely their Fundamental rights. The author would proceed to discuss some of the important/ landmark judgments to see how the environmental jurisprudence has proceeded to evolve on constitutional parameters. And how there is well-organized enforcement of the constitutional mandate by way of Public Interest Litigation. Various rights have been included in Article 21 of the Indian Constitution within the ambit of Right to life and liberty, as environment is vital for the social, economic and moral development of the human beings and it cannot be ignored and/or excluded from the right to life and liberty
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