Environmental Laws vs Economic Development: Judiciary’s Role
India’s rapid economic growth often clashes with environmental protection. Balancing sustainable development with industrial progress is one of the judiciary’s most critical responsibilities. Through various landmark judgments, Indian courts have shaped the balance between environmental conservation and economic advancement, ensuring that development does not come at the cost of ecological destruction.
The judiciary, especially the Supreme Court and High Courts, have invoked Article 21 (Right to Life) to include the right to a clean and healthy environment as a fundamental right. In Subhash Kumar v. State of Bihar (1991), the Court held that the right to life includes the right to enjoy pollution-free water and air. Similarly, in M.C. Mehta v. Union of India, the Supreme Court played a pioneering role by ordering closure or relocation of polluting industries, mandating environmental clearances, and promoting public interest litigations (PILs) for ecological protection.
The judiciary has evolved important principles like the “Precautionary Principle”, “Polluter Pays Principle”, and “Doctrine of Sustainable Development.” These doctrines ensure that industrial or developmental projects are assessed for their environmental impact before approval and that those causing pollution bear the cost of environmental damage.
However, challenges persist. Judicial interventions sometimes delay projects, causing economic losses. Critics argue that courts occasionally overstep their boundaries, entering the executive’s domain of policy-making. Yet, in the absence of strict implementation by the executive, judicial activism has been essential to protect environmental interests.
In conclusion, the judiciary in India has acted as a guardian of environmental justice, ensuring development aligns with sustainability. By enforcing accountability and embedding ecological concerns within the framework of human rights, it has transformed environmental protection into a cornerstone of responsible economic growth.