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Research Paper Volume 9 Issue 1 1637 - 1643 March 10, 2026

Global Environmental Norms and the Evolution of Indian Environmental Jurisprudence

Lead author · Corresponding
Mudra Narvekar
Assistant Professor at Subhash Desai College of Law, Mumbai, Maharashtra, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1111480
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.

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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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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