Role of PIL in Environmental Protection

Abstract: Public Interest Litigation (PIL) has emerged as a powerful judicial tool in India, playing a pivotal role in the protection and preservation of the environment. This abstract explores the evolution and impact of PIL in the context of environmental jurisprudence, highlighting its contribution to the enforcement of constitutional rights and the promotion of sustainable development. Through landmark cases, the Indian judiciary has expanded the interpretation of the right to life under Article 21 of the Constitution to include the right to a clean and healthy environment. This has led to the proactive involvement of the courts in addressing environmental issues such as pollution, deforestation, and the conservation of natural resources. The abstract also examines the transformative role of PIL in bringing environmental concerns to the forefront of legal discourse, enabling citizens and environmental groups to challenge government policies and industrial practices that harm the environment. While PIL has significantly advanced environmental protection, it also faces challenges, including concerns about judicial overreach, the complexity of enforcing court orders, and the need for scientific expertise in decision-making. PIL has been instrumental in shaping India’s environmental law and policy, ensuring that environmental protection is not only a matter of legal obligation but also a fundamental right. However, the continued effectiveness of PIL in this domain will depend on the judiciary's ability to balance activism with adherence to the principles of justice and equity.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-08-31
DOI
https://doi.org/10.5281/zenodo.13683307
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

Role of PIL in Environmental Protection

Zenodo (CERN European Organization for Nuclear Research)
Environmental law and policy
article

Role of PIL in Environmental Protection

article en

Abstract

Abstract: Public Interest Litigation (PIL) has emerged as a powerful judicial tool in India, playing a pivotal role in the protection and preservation of the environment. This abstract explores the evolution and impact of PIL in the context of environmental jurisprudence, highlighting its contribution to the enforcement of constitutional rights and the promotion of sustainable development. Through landmark cases, the Indian judiciary has expanded the interpretation of the right to life under Article 21 of the Constitution to include the right to a clean and healthy environment. This has led to the proactive involvement of the courts in addressing environmental issues such as pollution, deforestation, and the conservation of natural resources. The abstract also examines the transformative role of PIL in bringing environmental concerns to the forefront of legal discourse, enabling citizens and environmental groups to challenge government policies and industrial practices that harm the environment. While PIL has significantly advanced environmental protection, it also faces challenges, including concerns about judicial overreach, the complexity of enforcing court orders, and the need for scientific expertise in decision-making. PIL has been instrumental in shaping India’s environmental law and policy, ensuring that environmental protection is not only a matter of legal obligation but also a fundamental right. However, the continued effectiveness of PIL in this domain will depend on the judiciary's ability to balance activism with adherence to the principles of justice and equity.

Zenodo (CERN European Organization for Nuclear Research)
Tata Motors (India) (IN)
Life in Land
Openalex Percentile: Top 32%
Environmental law and policy
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Role of PIL in Environmental Protection · Zenodo (CERN European Organization for Nuclear Research) (2024) | TGRS Research Map | TGRS