“The Role of Indian Judiciary in Strengthening Environmental Governance: National Trends and Odisha’s Legal Initiatives”
- sujeetkofficial
- Jun 2
- 2 min read
Executive Summary
The Preamble supports environmental rights through the lens of social, economic, and political justice, while Article 47 emphasizes public health as a state responsibility. Article 21, through liberal judicial interpretation (e.g., RLEK v. State of U.P., M.C. Mehta v. Union of India), has expanded the right to life to include the right to a healthy environment. Similarly, Articles 14 and 19(1)(g) have been interpreted to prevent arbitrary or hazardous actions against environmental interests.
Judiciary-led activism, primarily through Public Interest Litigations (PILs), has played a crucial role in enforcing environmental laws. Cases like Vellore Citizens Welfare Forum, Span Motel, and Bangalore Medical Trust introduced principles such as the Polluter Pays Principle, Precautionary Principle, and Public Trust Doctrine into Indian jurisprudence.
Institutional mechanisms like Pollution Control Boards, the Ministry of Environment and Forests, and the National Environment Policy, 2006, play supportive roles. These ensure regulatory enforcement, environmental awareness, and policy development aligned with constitutional goals and international obligations (under Article 253).
The State of Odisha, endowed with vast natural resources, has witnessed significant environmental challenges due to rapid industrialization, extensive mining operations, deforestation, and the displacement of indigenous communities. In this context, the judiciary has emerged as a critical actor in strengthening environmental governance and safeguarding ecological integrity.
Overall, India’s environmental protection regime is a synergy of constitutional directives, judicial interpretation, statutory laws, and public participation, together forming a robust system of environmental governance and rights.
Author: Khushi Jain
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Disclaimer:: The views, opinions and the data expressed in this report are those of the authors alone and do not necessarily reflect the official policy or position of any affiliated organization or institution
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