Economic Growth and Fragile Environment: A Dilemma

Authors

  • Amit Kumar
  • Ayushee Sinha

Keywords:

Economic growth, Environmental protection, Environmental concerns, Balanced framework, Sustainable practices, Public awareness

Abstract

There is a quite apparent trade-off between economic growth and environmental protection, especially in developing nations like India. However, one cannot come at the cost of the other, yet a little balance with some compromise is required to balance the both for the betterment of society. Lately, the buzz around environmental protection has been increasing around the world, as evidenced by the increasing temperature and change in the climate, leading to myriad treaties, conventions, and agreements among the nations. However industrialization is not the only contributor affecting the environment, yet it accounts for a
larger chunk of ill-effects caused to the environment. To mitigate the ill effects of industrialization and other factors on the environment, a slew of laws have been passed. This paper will discuss the conflict between economic growth and environmental preservation through laws and how the legal framework protects the environment. The authors will go through the relevant case laws that have given balanced legal frameworks on these two aspects and the challenges in their implementation. This paper further delves deep into the significant benefits and the development of more diversified environmental laws in its preservation, safeguarding, and the development of more sustainable business practices. The authors would wrap up by offering potential recommendations for achieving a balance between economic development and environmental conservation.

References

Martini Igini, “5 Biggest Environmental Issues in India in 2023” , Earth.Org, 30 Apr., 2023,

Available at https://earth.org/environmental-issues-in-india/ ( Last visited Aug. 20, 2023)

Id.

Shruti Jain, “Uttrakhand polls:Concerns of hill areas find no mention in the parties Development

agendas”, THE WIRE, 12 Feb. 2022, Available at https://thewire.in/rights/uttarakhand-polls-

concerns-of-hill-areas-find-no-mention-in-parties-development-agendas ( Last visited Sept. 5,

“1987: Brundtland Report”,

https://www.are.admin.ch/are/en/home/media/publications/sustainable-development/brundtland-

report.html. (Last visited Sept. 7, 2023)

Id.

Vibhute, K. I. “Environment, Development And The Law: The Indian Perspective.” JOURNAL

OF ENVIRONMENTAL LAW, vol. 7, no. 2, 1995, pp. 137–48. JSTOR,

http://www.jstor.org/stable/44248036. (Last visited Nov. 17, 2023).

Id.

Id.

Aldona Kipāne and Andrejs Vilks, “Legal Framework for Environmental Protection in the

Context of Sustainable Development”, EUROPEAN JOURNAL OF SUSTAINABLE

DEVELOPMENT, 4 Feb. 2022, Available at

https://www.researchgate.net/publication/365350734_Legal_Framework_for_Environmental_Prot

ection_in_the_Context_of_Sustainable_Development, (Last visited Sept. 6, 2023).

P. M. Prasad. “Environment Protection: Role of Regulatory System in India.” ECONOMIC AND

POLITICAL WEEKLY, vol. 41, no. 13, 2006, pp. 1278–88. JSTOR,

http://www.jstor.org/stable/4418031. (Last visited Nov. 17, 2023).

AIR 1996 SC 2715

AIR 2000 SC 3751

Express News Service, “Environment Performance Index: India fails green test, finishes at

bottom”, THE INDIAN EXPRESS, 8 Jun, 2022, Available at

https://indianexpress.com/article/india/india-fails-green-test-finishes-at-bottom-7957825/ (Last

visited Aug. 5, 2023).

Id.

Ruchi Verma, “Environmental regime to meet out the problem of climate change and the

challenges in implementation”, PL August 42, 44 (2011).

Binod B. Sandwar, “Implementation of Environmental Legislations for Environmental

Protection”, JOURNAL OF INDUSTRIAL POLLUTION CONTROL, Available at

https://www.icontrolpollution.com/articles/implementation-of-environmental-legislations-

forenvironmental-protection-.php?aid=45644 , (Last visited Aug. 9, 2023)

Manish Kumar, “State pollution control boards in India neither have enough staff nor expertise”,

SCROLL.IN, 07 Nov, 2022, Available at https://scroll.in/article/1036752/state-pollution-control-

boards-in-india-neither-have-enough-staff-nor-expertise , (Last visited Aug. 9, 2023).

Id.

Anant Meera, “Problems in Implementation of Environmental Laws in India”, BLACK N’

WHITE JOURNAL, 04 May, 2020, Available at https://bnwjournal.com/2020/05/04/problems-in-

implementation-of-environmental-laws-in-india/ , (Last visited Aug. 9, 2023).

Id.

“India OvertakesChina to Become World’s most populous nation with 1.428 billion people: UN”,

THE ECONOMIC TIMES, 20 Apr, 2023, Available at

https://economictimes.indiatimes.com/news/india/india-population-to-surpass-china-mid-year-un-

estimates/articleshow/99605379.cms?from=mdr (Last visited Aug. 9, 2023).

Supra, Note 6.

Id.

The Companies Act, 2013, §135, No. 18, Act of Parliament, 2013 (India).

Dezan Shira & Associates, “Corporate Social Responsibility in India”, INDIA BRIEFING, 23

Mar, 2020, Available at

https://www.indiabriefing.com/news/corporatesocialresponsibilityindia5511.html/#:~:text=India

%20is%20the%20first%20country,part%20of%20any%20CSR%20compliance, (Last visited

Aug. 11, 2023).

The Companies Act, 2013, §135(5), No. 18, Act of Parliament, 2013 (India).

Supra, Note 17.

Id.

Ammy Emmert, “The Rise of Eco-Friendly Consumer”, STRATEGY + BUSINESS, 8 Jul, 2021,

Available at https://www.strategy-business.com/article/The-rise-of-the-eco-friendly-consumer,

(Last visited Aug. 11, 2023).

Tim Stobierski, “4 Impactful Sustainable Business practices that can Make a Difference”,

HARVARD BUSINESS SCHOOL ONLINE, 13 May, 2021, Available at

https://online.hbs.edu/blog/post/sustainable-business-practices , (Last visited Aug. 11, 2023).

Id.

INDIA CONST. art. 51A, cl. g.

Arvind Jasrotia, “Environmental Protection and Sustainable Development: Exploring the

Dynamics of Ethics and Law”, JILI 31, 55(2007).

Gayle Markovitz and SophieHeading, “Global Risk Report 2023: We know what the risks are-

here’s what experts say we can do about it”, 11 Jan, 2023, Available at

https://www.weforum.org/agenda/2023/01/global-risks-report-2023-experts-davos2023/ , (Last

visited Aug. 12, 2023).

Malorie Macklin, “How Ignoring Environmental Issues Harms People”, ONE GREEN PLANET,

Dec, 2015, Available at https://www.onegreenplanet.org/environment/how-ignoring-

environmental-issues-harms-people/, (Last visited Aug. 12, 2023).

Supra, Note 30.

Supra, Note 29.

Published

2024-08-21

How to Cite

Kumar, A. ., & Sinha, A. . (2024). Economic Growth and Fragile Environment: A Dilemma. Journal of Constitutional Law and Jurisprudence, 7(2), 78–87. Retrieved from https://lawjournals.celnet.in/index.php/Jolj/article/view/1627