Protection of Environment Through PIL in India: A Socio–Legal Analysis
Keywords:Environmental pollutants/pollution, Indian Constitution, environmental laws, PIL, judicial system and judicial decisions
The problem of environmental pollution is a kindle issue not only of India but of the biosphere. Preservation and improvement of environment is essential for the peaceful existence of humanity. The Constitution of India mentions the rules related to environmental protection, and many laws have been passed and implemented by the Indian Parliament from time to time to protect the environment. The Indian judiciary has taken a comprehensive and innovative approach to consider PILs on environmental issues for the protection of healthy environmental rights in the country. In independent India, for a long time, most environmental issues have been raised through PILs. The Supreme Court and various High Courts of the states have given many judicial decisions to protect the environment through PILs. In present times, PIL has become a powerful tool to safeguard the environment in India.
Bakshi P.M. , Public Interest Litigations, Ashoka Law House, New Delhi, at p. 7.
Tripathi S.C. , Environmental Law, Central Law Publications, Allahabad, at p. 9.
AIR 1993 SC 892.
Pandey J.N. , Constitutional Law of India, Central Law Agency, Allahabad, at p. 23.
Ibid, at pp. 56–57.
Malik S. , Environmental Law, Eastern Book Company, Lucknow, at p. 33.
Upadhyaya J.J.R. , Environmental Law, Central Law Agency, Allahabad, at p. 44.
Rai K. , Public Interest Lawyering, Legal Aid and Para–Legal Services, Central Law Publications, Allahabad, at p. 23.
2 SCC 176.
4 SCC 463.
AIR 1987 AP 171.
AIR 1988 Raj 2.
AIR 1988 SC 1115.
AIR 1991 SC 420.
AIR 1992 SC 382.
AIR 1996 SC 2715.
AIR 1998 SC 2963.
AIR 2000 SC 2773.
AIR 2000 10 SCC 664.
AIR 2000 SC 1997.
AIR 2006 SC 1350.
8 SCC 161.
Tripathi G.B. , Constitutional Law: New Challenges, Central Law Publications, Allahabad, at p. 53.
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