This document discusses litigation on environmental rights in India. It analyzes how environmental rights have extended the scope of Article 21's right to life to include the right to a clean environment. The document outlines key principles of sustainable development from the Brundtland Report, including intergenerational equity, the precautionary principle, and the polluter pays principle. It also summarizes several important Supreme Court cases that have shaped jurisprudence around sustainable development and environmental rights in India. Finally, it notes how legislation and cases before the National Green Tribunal have also furthered the concepts of sustainable development.

1. DISSECTION OF LITIGATION ON
ENVIRONMENT RIGHTS IN INDIA
Amulya Nigam
Assistant Professor
Jamnalal Bajaj School of Legal Studies
Banasthali University

2. METHODOLOGY
• It is a doctrinal and analytical research; completely based on library resources and
case study on Environment rights improvising the content of Article 21 of the
Indian Constitution.

3. INTRODUCTION
• Litigation which invokes particular legal right to address Right to clean water;
pollution free environment is called Environment right. In this paper, environment
right is analysed and how it has extended the content of Article 21-Right to life and
quality environment.
• "Sustainable development is development that meets the needs of the present
without compromising the ability of future generations to meet their own needs" -
Brundtland Report
• The essence of the existing law relating to the environment has developed through
legislative and judicial initiative.

4. Writ jurisdiction
under Article 32
Writ jurisdiction
under Article 226
Right to
Environment
A 21= Right to Life
(Life includes
healthy
environment
Litigation of
environment
right=Environment
Jurisdiction

5. ROOT OF SUSTAINABLE DEVELOPMENT
FROM STOCKHOLM DECLARATION
Some of the basic principles of 'Sustainable Development' as described in
'Brundtland report' are as follows: -
1. Inter-Generational Equity
2. The Precautionary Principle
3. Polluter Pays Principle

6. Inter-Generational
Equity
• "The right to development
must be fulfilled so as to
equitably meet developmental
and environmental needs of
present and future
generations."
The Precautionary
Principle
• 1) Environmental measures by
the state government and the
local authority must anticipate,
prevent and attack the causes
of environmental degradation.
• 2) Where there are threats of
serious and irreversible
damage, lack of scientific
certainty should not use as a
reason for postponing
measures to prevent
environmental degradation.
Polluter Pays
Principle
• "National authorities should
endeavor to promote the
internalization of
environmental costs and the
use of economic instruments,
taking into account the
approach that the polluter
should, in principle, bear the
cost of pollution, with due
regard to the public interest
and without distorting
international trade and
investment."

7. SUPREME COURT’S JURISPRUDENCE ON
SUSTAINABLE DEVELOPMENT
• Vellore Citizens Welfare Forum v Union of India
• Indian Council for Environmental-Legal Action v Union of India
• Narmada Bachao Andolan v Union of India
• N D Jayal and Another v Union of India and Others
• Bombay Dyeing & Mfg Co Ltd (3) v Bombay Environmental Action Group and Ors
• G Sundarrajan v Union of India and Ors
• M C Mehta v Union of India and Ors

8. SUSTAINABLE DEVELOPMENT IN
LEGISLATION
NGT’s Jurisprudence on Sustainable Development
• T Muruganandam and Ors v Union of India and Ors
• Jeet Singh Kanwar and Another v MoEF and Others
Rights of Access for Tribals
• M P Patil v Union of India
Perspective of Social Justice
Antarsingh Patel and Ors v Union of India

9. THANK YOU