Environmental Constitutionalism in India ​

Smriti Kumari and Akhil Dixit
LLM Student at Sharda University, India.

Volume III, Issue VI, 2020

The object of writing this paper is to study and discuss the concept of environmental protection, which is an inseparable part of Indian constitution and the rise of environmental constitutionalism in India. The laws related to environmental protection and the active participation of judicial bodies in evolution of these laws is the centre of discussion or the central theme in the paper.  In view of the various constitutional provisions and other statutory provisions contained in various laws relating to environment protection, the Supreme Court has held that the essential feature of “sustainable development” such as the “precautionary principle” and the “polluter pays principle” are part of the environmental law of the country , these principles forms a part of environmental constitutionalism in India. At the end conclusion from the author’s perspective will also be given in the paper.

Research methodology for the purpose of writing this paper is literature review. Books used for the purpose of research are Judicial handbook on Environmental constitutionalism by ‘James R. May’ and ‘Erin Daly’ published by United Nations Environment Programme, 2017 and The Constitution of India by P.M. Bakshi and Environmental Law by S.C. Shastri and articles available on the particular topic on internet were also useful.

DOI: http://doi.one/10.1732/IJLMH.25101