The judiciary plays a vital role in environmental protection in India through several means: 1. Public interest litigation (PIL) allows individuals and organizations to file cases on environmental issues without fees. Many landmark judgments improving the environment have resulted from PILs. 2. The Supreme Court and high courts have interpreted Article 21 of the constitution, guaranteeing the right to life, as including the right to a healthy environment. This has allowed courts to intervene to protect the environment. 3. Indian courts have increasingly adopted international environmental law into domestic law over three periods from 1950 to the present. This has strengthened India's environmental jurisprudence and protections.

1. Role of Indian Judiciary in Environmental
Protection
judicial and Quasi Judicial Bodies for Environmental Protection are the Courts or Authorities established under various
environmental Protection Legislations for interpretation and effective implementation of these statutes.
• Supreme Court of India
• High Courts
• District Courts and Subordinate Courts
• National Green Tribunal
• National Environmental Appellate Authority
• Central Pollution Control Board
• State Pollution Control Boards
• State Biodiversity Board
• Chief Forest Conservators
• Factory Inspectors
• District Collectors
• Executive Magistrates
Supreme Court of India
• Public Interest Litigation (PIL) under Article 32 of the Constitution,
• Special Leave Petition under Article 136,
High Courts
• PIL under Article 226,
• Petitions Under Article 227
District Courts and Subordinate Courts
• Suits for Injunction under C.P.C. and Specific Relief Act.
• Indian Penal Code : Section 268, Public nuisance
• S. 269: to spread the infection of any disease dangerous to life
• S. 272. Whoever adulterates any article of food or drink
• S. 277. Whoever voluntarily corrupts or fouls the water of any public spring
• S.278. Whoever voluntarily vitiates the atmosphere
• S.284. negligently handling poisonous substance.
National Green Tribunal
• The National Environmental Tribunal Act, 1995
• To grant compensation in case of death or any other injury caused due to the Act of environmental Pollution of anyone.
• The National Green Tribunal (NGT) was officially notified on 19.10,10 with its Chairperson, Mr. Justice Lokeshwar Singh
Panta taking charge of his office here.
• First Green Tribunal commences on 19/10/2010 i.e. just a day before, by passing another statute the Green Tribunal
Act 2010.
National Environmental Appellate Authority
• to hear appeals with respect to restriction of areas in which any industries, operations or processes or class of
industries, operations or processes shall not be carried out or shall be carried out.
Central Pollution Control Board
(Ministry of Environment and Forest, Govt. of India)

2. • Parent Authority under many environmental Legislation like:
• The Water (Prevention and Control of Pollution) Act, 1974
• The Air (Prevention and Control of Pollution) Act, 1981
• The Environment (Protection) Act, 1986
• Hazardous Wastes (Management and Handling) Rules, 1989
• The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
• Manufacture, Storage and Import of Hazardous Chemical (Amendment) Rules, 2000 - Draft Notification
• Bio-Medical Waste (Management and Handling) Rules, 1998
• Municipal Solid Wastes (Management & Handling) Rules, 2000
• Battery (Management and Handling) Rules, 2000.
• The Noise Pollution (Regulation and Control) Rules, 2000
• Re-cycled Plastics Manufacture and Usage Rules, 1999
• Ozone Depleting Substances (Regulation) Rules, 2000
Maharashtra Pollution Control Board
• To perform such functions as directed by the Central Board
• In Maharashtra 12 Regional Offices (RO) are established of which One is Nagpur
Factory Inspectors are appointed under Factories Act 1948 are also responsible for taking action against any factory, if
occupier is found not having in operation any instrument installed for protection of environment by reducing pollutant
from effluents or emission from factory.
District Collectors are held responsible under The Public Liability Insurance Act, 1991 to keep the District pollution free,
on this issue in the historic case on environmental pollution, Ratlam Municipality, Hon’ble Supreme Court Held that
District Collector can not take plea of shortage of funds to avoid his responsibility of keeping healthy environment, free
of pollution.
Conclusion
• Enough legislative Measures are taken in India for environmental Protection.
• Judicial and Quasi Judicial bodies established under these Act are working satisfactorily.
• Adequate public awareness measures are taken at all level KG to PG
• Almost 50% of Indian is still living in absolute poverty this fact should also be given due wait while addressing
environmental issues.
Just be Aware………

3. 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
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.

4. Statutes Enacted in India Pursuant to the International Environmental Law
In India many important environmental statutes have been enacted to ratify or to fulfill
national obligations under the international environmental treaties, conventions and protocols
etc.
Hereinafter, an effort has been made to present a table which contains a list of
international environmental laws and relevant Indian environmental statutes showing close
linkages between the same.
S.No. International Environmental Laws Relevant Indian Environmental Statutes
1. The Stockholm Conference, 1972 The Air Act, 1981
2. The Stockholm Conference, 1972 The Environmental Protection Act, 1986
3. The Rio Conference, 1992 The Public Liability Insurance Act, 1991
4. The Rio Conference, 1992 The National Environmental Tribunal Act,
1995
5. Convention of Biological Diversity,
1992.
The Biological Diversity Act, 2002
6. Convention of International Trade in
Endangered Species of Wild Fauna and
Flora, 1973.
The Wild Life Protection (Amendment) Act,
2002
Although the detailed discussion on executive ratification or legislative exercise in India,
in pursuant to the international environmental obligations, is outside the main objective of this
article. Yet, it would be relevant to briefly point out, with approval, the stand taken by Prof M.K.
Ramesh that in India such ratification or enactment has often been done either without necessary
national preparation or under compulsion to conform to the conditionalities of international
financial institutions like World Bank.1
The ratification or enactment of environmental statues in

5. India, without real commitment to implement the same by the executive, has resulted into
judicial interventions and activism in the field of environmental law.
4. International Law and Indian Courts
4.1 Role and Status of the Indian Judiciary
The role of judiciary depends on the very nature of political system adopted by a
particular country. This is the reason that role of judiciary varies in liberal democracy,
communist system and countries having dictatorship. The role of judiciary has been important in
liberal democracies like India. Constitution of India in fact took inspiration from US Constitution
and therefore adopted similar concept of judicial review. In independent India, history of
judiciary, judicial review and judicial activism has been a fertile area for legal researchers. It is
now a well established fact that, in India, in view of legislative and executive indifferences or
failures, the role of judiciary has been crucial in shaping the environmental laws and policies.
The role of the Indian Supreme Court may be explained quoting the views of Professor S.P.
Sathe and Professor Upendra Baxi two leading academics who have extensively written on the
role of judiciary in India. Professor Sathe has analyzed the transformation of the Indian Supreme
Court "from a positivist court into an activist court". Professor Upendra Baxi, who has often
supported the judicial activism in India, has also said that the "Supreme Court of India" has often
become "Supreme Court for Indians".2
Many observers of the Indian Supreme Court including
Professor Sathe and Baxi have rightly opined that the Indian Supreme Court is one of the
strongest courts of the world.3
Power and judicial activism of the Indian courts have resulted into a strong and ever
expanding regime of fundamental rights. Stockholm Conference on Human Environment, 1972,
has generated a strong global international awareness and in India it facilitated the enactment of
the 42nd
Constitutional Amendment, 1976. This amendment has introduced certain
environmental duties both on the part of the citizens [Article 51A (g)] and on the state (Article
48-A).

6. Under the constitutional scheme the legal status of Article 51(A)-(g) and 48-A is enabling
in nature and not legally binding per se, however, such provisions have often been interpreted by
the Indian courts as legally binding. Moreover, these provisions have been used by the courts to
justify and develop a legally binding fundamental right to environment as part of right to life
under Article 21.4
Hereinafter, an effort has been made to demonstrate that how both the 'soft'
and 'hard' international environmental laws have been used by the Indian courts to develop a
strong environmental jurisprudence in domestic law.
The judicial adoption of international environmental law into domestic law in India has
not been done overnight rather it has been gradual. In order to understand the judicial process of
such adoption the present discussion can be divided into the following three periods5
:
 First period of Judicial Adoption (1950-1984)
 Second period of Judicial Adoption (1985-1995)
 Third period of Judicial Adoption (1996 onwards)