PIL & the Right to a clean Environment under Article - 21

Abstract: The concept of the right to a clean and healthy environment has evolved as a fundamental component of the right to life enshrined in Article 21 of the Indian Constitution. Public Interest Litigation (PIL) has emerged as a powerful judicial tool to enforce this right, enabling citizens and organizations to seek redressal for environmental grievances on behalf of the public. This abstract explores the interplay between Article 21 and PIL in safeguarding environmental rights, with a focus on landmark cases and judicial innovations in India. The study examines how the judiciary has interpreted the right to a clean environment within the ambit of Article 21, linking it to the principles of sustainable development, the precautionary principle, and intergenerational equity. Key judgments, such as MC Mehta v. Union of India and Subhash Kumar v. State of Bihar, highlight the proactive role of the judiciary in addressing issues like pollution, deforestation, and industrial hazards through PIL. While PIL has democratized access to environmental justice, challenges such as frivolous litigations, judicial overreach, and enforcement gaps persist. The abstract concludes by emphasizing the need for a balanced approach, where PIL continues to serve as an effective mechanism for environmental protection while ensuring accountability and collaboration among all stakeholders.