Global Environmental Norms and the Evolution of Indian Environmental Jurisprudence

  • Mudra Narvekar
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  • Mudra Narvekar

    Assistant Professor at Subhash Desai College of Law, Mumbai, Maharashtra, India

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Abstract

Environmental protection in India was not always framed as a constitutional concern. For a considerable period, it was largely treated as a matter of statutory regulation. However, developments at the international level - particularly after the Stockholm and Rio Declarations - brought certain guiding principles into global circulation. Ideas such as sustainable development, precaution and the polluter pays doctrine began influencing national debates, including those within India. In the Indian setting, these principles did not enter the legal system through a single legislative reform. Instead, they gradually surfaced in constitutional adjudication. While interpreting Article 21, the Supreme Court began acknowledging that environmental degradation directly affects the quality of life. Over time, concerns relating to pollution, ecological balance and industrial accountability were examined within the broader framework of fundamental rights. International environmental principles were referred to as interpretative aids, assisting the Court in articulating remedies and responsibilities. The expansion of environmental public interest litigation strengthened this movement. Judicial intervention in cases relating to pollution control and environmental management translated broad normative commitments into enforceable obligations. Yet this development has not been free from criticism. Questions continue to arise regarding the limits of judicial intervention and the effectiveness of implementation at the ground level. Indian environmental jurisprudence, therefore, reflects an evolving engagement with global environmental thought. It illustrates how international principles have been read into the constitutional framework through interpretation and adaptation rather than direct transplantation.

Keywords

  • Environmental Jurisprudence; Article 21; Sustainable Development; Public Interest Litigation

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 1637 - 1643

DOI: https://doij.org/10.10000/IJLMH.1111480

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