The evolution of India’s environmental jurisprudence and the role of the Judiciary

Pal, Arjun (2018) The evolution of India’s environmental jurisprudence and the role of the Judiciary. [Working papers (or Preprints)] (Unpublished)

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The concept of environmental protection is not new and has been in existence from prehistoric civilizations. Ancient India’s texts highlight that it is the ‘dharma’ of each individual in the society to protect nature. “Atharva Veda”, the ancient Hindu Scriptures stated “What of thee I dig out let that quickly grow over”.1 Recently, there has been increased focus on the role played by the higher and activist judiciary in creating and monitoring the implementation of measures for pollution control, conservation of forests and wildlife protection. Quite a lot of these legal and judicial interventions have been activated by the persisting ambiguity in policymaking and in addition the absence of capacity building among the executive offices. Devices like Public Interest Litigation (PIL) have been noticeably depended upon to handle environmental issues, and this approach has its supporters and additionally critics.2 Preceding the 1980s, only the bothered/aggrieved party could directly knock on the doors of justice and look for a solution for his/her grievance and for any other individual who was not able to do so, as an intermediary for that casualty or the distressed individual. Yet, around 1980, the Indian legal system, especially the field of environmental law, experienced a massive change regarding disposing of its dying methodology and instead,
charting out new skylines of social justice. This period was described by legislative activism, administrative activism as well as judicial activism.

Item Type: Working papers (or Preprints)
Keywords: India | Environmental Jurisprudence | Role of the Judiciary | Public Interest Litigation
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 05 May 2022 06:19
Last Modified: 05 May 2022 06:19
Official URL:


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