JUDICIAL ACTIVISM AND LEGISLATIVE MEASURES IN ENVIRONMENTAL PROTECTION: AN INDIAN PERSPECTIVE

Environmental protection in India has become an increasingly critical concern due to rapid industrialization, urbanization, and ecological degradation. While legislative measures provide the foundational framework for environmental governance, judicial activism has emerged as a powerful tool to enforce, interpret, and supplement these laws. This article examines the interplay between legislative action and judicial intervention in shaping India’s environmental jurisprudence. It traces the evolution of environmental law in India, highlights constitutional mandates under Articles 48A and 51A(g), and analyses landmark judgments that introduced principles such as the Polluter Pays Principle, the Precautionary Principle, Sustainable Development, and the Public Trust Doctrine. A critical analysis of the strengths and limitations of both legislative and judicial approaches reveals that while the legislature provides comprehensive statutory mechanisms, gaps in implementation necessitate judicial oversight. The study concludes that a balanced, collaborative approach between the legislature, judiciary, and executive is essential for effective environmental protection and sustainable development in India.