Law optional 2017 Paper II

"Public interest litigation has played a very crucial role in protection of environment in India." Elucidate and illustrate with the help of decided cases.

Verified Answer
  1. Core Legal Answer & Context: Public Interest Litigation (PIL) has emerged as a powerful tool in India's legal landscape, particularly in the realm of environmental protection. Traditionally, legal standing (locus standi) required an aggrieved party to demonstrate direct harm. However, the Indian judiciary, through judicial activism, relaxed this rule for PIL, allowing any public-spirited individual or organization to approach the courts on behalf of those whose rights are violated or where public interest is at stake. This relaxation proved crucial for environmental issues, as environmental degradation often affects a large, unorganized, and voiceless population, or causes diffuse harm that no single individual can claim as direct injury.

PIL has enabled courts to intervene proactively in matters of pollution, deforestation, conservation of natural resources, and enforcement of environmental laws. It has transformed environmental jurisprudence by establishing principles like the 'polluter pays principle', 'precautionary principle', and 'sustainable development', which are now integral to environmental governance in India. Through PIL, the judiciary has compelled the executive to enforce environmental regulations, shut down polluting industries, protect forests, and ensure public health, thereby playing a 'crucial role' in safeguarding the environment.

  1. Relevant Statutes and Sections:
  • Constitution of India:
    • Article 21: Right to life and personal liberty, interpreted to include the right to a clean and healthy environment.
    • Article 32: Right to move the Supreme Court for enforcement of fundamental rights.
    • Article 226: Power of High Courts to issue writs for enforcement of fundamental rights and for any other purpose.
    • Article 48A: Directive Principle of State Policy, obliging the State to protect and improve the environment and safeguard forests and wildlife.
    • Article 51A(g): Fundamental Duty of every citizen to protect and improve the natural environment.
  • Environment (Protection) Act, 1986: Provides a framework for the central government to protect and improve environmental quality.
  1. Important Landmark Cases:
  • M.C. Mehta v. Union of India (AIR 1987 SC 1086 - Oleum Gas Leak Case): This landmark case established the principle of 'absolute liability' for enterprises engaged in hazardous activities, holding them strictly liable for any harm caused, without exceptions. It also laid down the 'polluter pays principle' and the 'precautionary principle' in subsequent related cases (e.g., Ganga Pollution cases).
  • Vellore Citizens' Welfare Forum v. Union of India (AIR 1996 SC 2715): The Supreme Court applied the 'precautionary principle' and the 'polluter pays principle' to address severe pollution caused by tanneries in Tamil Nadu. It directed the establishment of an authority to implement these principles and ensure environmental protection, emphasizing the concept of 'sustainable development'.
  • Subhash Kumar v. State of Bihar (AIR 1991 SC 420): The Supreme Court held that the right to life under Article 21 includes the right to enjoyment of pollution-free water and air. This case solidified the constitutional basis for environmental protection through PIL.
  1. Clear Conclusion: Public Interest Litigation has been an indispensable instrument in India for environmental protection. By broadening access to justice and enabling judicial intervention in complex environmental issues, PIL has not only led to the enforcement of existing laws but also contributed significantly to the evolution of environmental jurisprudence, establishing foundational principles that guide environmental governance and ensure a healthier living environment for all citizens.