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.
Institutions
- GfK (United States) (US)
- Global University (LB)
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
- Field-Weighted Citation Impact
- 0.00