What is the role of Judiciary in the Environmental Protection

Now judiciary plays the vital role in the protection of environment. One of the main developments in the Indian Judiciary is the Public Interest Litigation (PIL). It is the new jurisprudence and is called “Jurisprudence of Masses”. It is started in the year 1970. Writ petitions in the form of PILs have been accepted by the High Court’s under Article 20, Article 47, Article 32 is right to constitutional remedies and Article 226 (Power of High Courts to issue certain writs) of the Indian Constitution. The PILs got constitutional sanction in the 42nd Constitution Amendment Act 1974, which introduced Article 39-A in the Indian Constitution to provide equal justice and free legal aid. The PIL encouraged the affected individuals (affected by any project), public minded individuals, voluntary organizations, NGOs; Judges on their own, to start without paying any court fees. Due to PILs, many landmark judgments are published. Many authorities are observing the works of the Govt., whether court orders of PILs are carrying out or not. PIL of court indicates a person, authorities or Govt., to work morally

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Examples of the Sources of PIL:

  1. The creation of authorities for the regeneration of the Aravalli Range Protection of the Doon Valley and the protection of the coastal zones from prawn culture.
  2. Supreme Court Chief Justice Ranganath Mishra directed the Govt., to include the environment at all levels of education. It is very positive and most important outcome of a PIL.
  3. In the prawn culture matter, the precautionary principle in polluter must pay have been introduced in the Supreme Court’s order.
  4. Some green minded Judges are Justice Krishna Iyer, Justice Bhagwati, Justice Kuldip Singh and Justice Ranganath Mishra. They are always in favor of environmental protection. Green benches have been created in some High Court to exclusively hear environmental cases.
  5. Advocate M.C. Mehta has earned the international fame by working in the environmental protection. He is a justice of Supreme Court. He has been awarded the prestigious Magsaysay Award.
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