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Every year on June 5, the world celebrates World Environment Day, a call to action for individuals, governments, and organizations to conserve our planet. As climate challenges become more urgent in 2025, it’s worth considering how legal systems have shaped environmental protection, particularly in a diverse and quickly rising country like India.
India has had a distinct path toward environmental justice. What started out as non-binding constitutional principles has developed into a robust legal system that gives people the ability to defend the environment. In the area of environmental protection, India’s courts and legislation have flamed a unique trail, from Directive Principles to Public Interest Litigations (PILs).
This article’s primary goal is to educate, reflect, and motivate action by emphasizing the evolution and significance of environmental law in India..
Environmental protection was not specifically included in the 1950 Indian Constitution. But in 1976, the 42nd Amendment included two important clauses:
Article 48A (Directive Principles of State Policy): instructs the government to preserve and enhance the environment.
Article 51A(g): imposes a fundamental obligation on all citizens to preserve the environment.
These clauses established the philosophical and moral groundwork for later legal advances, even though they were not immediately enforceable in courts. When courts started interpreting Article 21 (Right to Life) as encompassing the right to a clean and healthy environment, that was the true turning point.
Judicial activism increased in the 1980s and 1990s as the Indian judiciary started to fill legislative voids. The Supreme Court and High Courts permitted concerned citizens and non-governmental organizations to pursue justice for environmental issues through Public Interest Litigations (PILs).
Courts did this by incorporating important ideas from international environmental law into Indian jurisprudence:
These principles empowered courts to not only penalize polluters but also order the government to act in the public interest.
Revolutionary Supreme Court decisions have had a profound impact on India’s environmental legal framework. Here are a handful that altered the path of environmental law:
A series of PILs on concerns such as the oleum gas leak, Ganga pollution, and Taj Mahal protection. Established the Polluter Pays and Precautionary Principles.
Recognized the right to clean water and air as part of the basic right to life.
Introduced international environmental standards into Indian law. Industries were directed to follow pollution-control regulations.
The term “forest” was redefined, resulting in the legal protection of large green spaces.
Corporate environmental liability has been strengthened, with industries now held liable for hazardous damages.
India has established a comprehensive legal framework for environmental management. Some important legislations include:
To achieve prompt justice, the National Green Tribunal (NGT) was formed in 2010. It specialized in environmental issues, providing faster resolution and technical competence.
India has been an active member in global climate initiatives. From the Rio Earth Summit to the Paris Agreement, India has demonstrated its commitment to sustainable development.
Initiatives such as the International Solar Alliance, the National Hydrogen Mission, and participation in COP summits demonstrate India’s legal and policy compliance with international environmental norms.
Indian courts have also used international treaties and soft law to interpret domestic legislation in favor of environmental conservation.
Despite progressive legislation and daring decisions, execution remains poor. Challenges include:
There is a compelling need to improve institutional accountability, streamline legal procedures, and empower communities.
From the Directive Principles inherent in our Constitution to revolutionary court declarations, India’s legal path in environmental protection illustrates the changing role of law in constructing an equitable and sustainable society. On World Environment Day 2025, we are reminded that legal awareness, judicial commitment, and active citizenship are essential components of environmental administration.
Adv. Abdul Mulla , through platforms like https://www.asmlegalservices.in/ and https://lifeandlaw.in/ continue to see how legal practitioners and informed citizens contribute meaningfully to environmental justice. Let us carry this journey forward—not just within courtrooms and legislatures, but in classrooms, homes, industries, and communities. Because the health of our planet is not just a legal concern—it is our shared responsibility and lasting legacy.
Adv. Abdul Mulla (Mob. No. 937 007 2022) is a seasoned legal professional with over 18 years of experience in advocacy, specializing in diverse areas of law, including Real Estate and Property Law, Matrimonial and Divorce Matters, Litigation and Dispute Resolution, and Will and Succession Planning. read more….
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