Analytical Study on the Verdicts in the Supreme Court on Environmental Issues

Abstract This paper provides a critical analysis of the court decisions made by the Supreme Court of India on environmental matters, particularly the way in which judicial arguments, remedies, and the doctrinal fashions have influenced the management of the environment. The paper uses a mixed-method approach that combines the doctrinal analysis of the judgments with the qualitative coding of the judicial opinions to analyze a purposive sample of the landmark and representative cases in the field of pollution control, forest conservation, biodiversity, coastal regulation and public interest litigation (PIL) cases in environmental field. The question posed by the research is: (1) What are the common legal principles and statutory principles which are used to interpret all environmental verdicts? (2) What was the balancing that the Court performed between environmental protection and developmental interests? (3) What remedies and enforcement mechanisms have been ordered and how effective they have been in practice? In the major findings, it is evolving to rely on the principles of the Precautionary Principle, Polluter Pays, sustainable development, and the growth of locus standi with the help of PILs. The trends in remedial design (monitoring committees, fines, closure orders) are also outlined in the paper as well as the aspects where implementation and judicial follow-through are lacking. It concludes by providing recommendations regarding more institutionalized judicial fact-finding, more explicit standards of the remedial orders, and enhanced institutional cooperation of the courts, regulator agencies, and the local communities. The research has added value to the field of legal studies since it identifies the trend in jurisprudence in an organized manner and offered a solution on how the Court can increase its contribution towards environmental governance in the long run.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-09-30
DOI
https://doi.org/10.5281/zenodo.17668267
Primary Topic
Environmental law and policy
Type
article
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article

Analytical Study on the Verdicts in the Supreme Court on Environmental Issues

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

Analytical Study on the Verdicts in the Supreme Court on Environmental Issues

article en

Abstract

Abstract This paper provides a critical analysis of the court decisions made by the Supreme Court of India on environmental matters, particularly the way in which judicial arguments, remedies, and the doctrinal fashions have influenced the management of the environment. The paper uses a mixed-method approach that combines the doctrinal analysis of the judgments with the qualitative coding of the judicial opinions to analyze a purposive sample of the landmark and representative cases in the field of pollution control, forest conservation, biodiversity, coastal regulation and public interest litigation (PIL) cases in environmental field. The question posed by the research is: (1) What are the common legal principles and statutory principles which are used to interpret all environmental verdicts? (2) What was the balancing that the Court performed between environmental protection and developmental interests? (3) What remedies and enforcement mechanisms have been ordered and how effective they have been in practice? In the major findings, it is evolving to rely on the principles of the Precautionary Principle, Polluter Pays, sustainable development, and the growth of locus standi with the help of PILs. The trends in remedial design (monitoring committees, fines, closure orders) are also outlined in the paper as well as the aspects where implementation and judicial follow-through are lacking. It concludes by providing recommendations regarding more institutionalized judicial fact-finding, more explicit standards of the remedial orders, and enhanced institutional cooperation of the courts, regulator agencies, and the local communities. The research has added value to the field of legal studies since it identifies the trend in jurisprudence in an organized manner and offered a solution on how the Court can increase its contribution towards environmental governance in the long run.

Zenodo (CERN European Organization for Nuclear Research)
GfK (United States) (US), Global University (LB)
Life in Land
Openalex Percentile: Top 28%
Environmental law and policy
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Analytical Study on the Verdicts in the Supreme Court on Environmental Issues · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS