UPSC Previous Year Question | Mains GS2 | 2022
“The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court.” Discuss this statement with the help of relevant case laws. (Answer in 150 words)
Answer
Introduction
The Supreme Court has transformed environmental protection from a policy aspiration into an enforceable constitutional obligation by reading environmental rights into Article 21 and related directives.
Constitutionalisation
How law became constitutional
- Article 21: a clean and healthy environment is part of the right to life.
- Articles 48A and 51A(g): environmental protection became a State duty and citizen responsibility.
- Public interest litigation: relaxed standing enabled affected communities to approach constitutional courts.
- Principles: precautionary principle, polluter-pays principle and public-trust doctrine guide remedies.
Case Law
Relevant cases
- Rural Litigation and Entitlement Kendra: mining in the Mussoorie hills was restricted to protect ecology.
- Vellore Citizens Welfare Forum: precaution and polluter pays were treated as part of Indian law.
- M.C. Mehta cases: absolute liability and directions on vehicular pollution strengthened accountability.
- Hanuman Laxman Aroskar: environmental decision-making was linked to rule of law and reasoned appraisal.
Conclusion
Conclusion
Judicial constitutionalisation has filled legislative gaps, though courts must respect institutional competence and strengthen implementation through accountable administration.
Keywords
Article 21; PIL; precautionary principle; polluter pays; public trust; absolute liability.
Topics: constitutionalisation, environmental law, judiciary, polity and governance