Development of Environmental Policy in India

In the initial years following India's independence, there was no explicit environmental policy, although the Constitution contained some provisions related to the environment without explicitly mentioning the term "environment."

In 1976, amendments were made to the Indian Constitution, introducing Articles 48A and 51A (g) through the Constitution (forty-second amendment) Act, 1976. These were in line with commitments made at the UN Conference on Human Environment in Stockholm.

• Article 48A: A directive principle advising the state to protect and improve the environment while safeguarding forests and wildlife when framing laws or policies.
• Article 51A (g): Introduces the fundamental duty of citizens to protect and improve the natural environment.

Significant Environmental Cases and Principles

Bhopal Gas Tragedy (1984) and Absolute Liability

The Bhopal gas tragedy led to the Supreme Court developing the doctrine of absolute liability in Union Carbide vs Union of India, stating that enterprises involved in inherently dangerous activities must compensate all affected individuals.

Polluter Pays Principle

Introduced by the Rio Summit in 1982, it was first applied in India in Indian Council for Enviro-Legal Action Vs. Union of India.

Precautionary Principle

The Supreme Court in Vellore Citizens’ Welfare Forum vs Union of India emphasized the need for the state to anticipate, prevent, and address environmental degradation, considering it a preventive principle of environmental jurisprudence.

Sustainable Development

Sustainable development balances environmental and developmental needs, with the Supreme Court recognizing the precautionary and polluter pays principles as essential components.

Public Trust Doctrine

In the M.C. Mehta vs Kamal Nath case, the Supreme Court developed the public trust doctrine, stressing the government's role in protecting natural resources for public use and future generations.

Inter-generational Equity

The Court highlighted the duty of the present generation to safeguard the environment for future generations.

Judicial Consistency and Environmental Jurisprudence

Justice Gautam Patel's analysis highlights inconsistencies in Supreme Court judgments, noting support for environmental causes raised by NGOs but reluctance in cases against infrastructure projects.

The conflict between environment and development is deemed a false narrative, with both considered integral to sustainable development. The courts must ensure all projects comply with environmental norms, rather than dismissing grievances without thorough examination.