Introduction:
The statement "The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court" refers to the way in which the Indian Supreme Court has used the Indian Constitution to address environmental issues. The Indian Constitution contains several provisions that relate to the protection of the environment and the preservation of natural resources. This article will provide a point-wise discussion of this statement with the help of relevant case laws.
Environmental Cases in India:
M.C. Mehta v. Union of India (1986) also known as "Oleum Gas Leak Case": In this case, the Supreme Court issued a number of directives to the government to address the environmental damage caused by an industrial gas leak. The Court relied on the constitutional provisions of the right to life and the right to a clean and healthy environment to issue these directives.
Vellore Citizens Welfare Forum v. Union of India (1996) also known as "Tanneries Case": In this case, the Supreme Court issued a number of directions to the government to address the environmental damage caused by tanneries in the Vellore district of Tamil Nadu. The Court relied on the constitutional provisions of the right to life and the right to a clean and healthy environment to issue these directions.
Common Cause v. Union of India (2018) also known as "Air pollution case": In this case, the Supreme Court directed the Central and State Governments to take measures to combat air pollution in the country. The Court relied on the constitutional provisions of the right to life and the right to a clean and healthy environment to issue these directions.
Others: There are many other cases where the Supreme Court has used the Indian Constitution to address environmental issues such as deforestation, water pollution, and biodiversity conservation.
Goa Foundation v. Union of India (2005): In this case, the Supreme Court held that the right to a clean and healthy environment is an integral part of the right to life, as guaranteed under Article 21 of the Indian Constitution. The Court also held that the State has a positive obligation to protect the environment and that the citizens have a right to seek redressal for environmental harm caused by the State's failure to discharge its obligations.
MC Mehta v. Kamal Nath (1997): This case dealt with the issue of vehicular pollution and the court ordered the phasing out of old vehicles and the mandatory use of CNG (compressed natural gas) for public transport vehicles in Delhi.
Indian Council for Enviro-Legal Action v. Union of India (1996): This case dealt with the issue of illegal sand mining in the riverbeds and the court passed an order for the immediate cessation of illegal sand mining and for the restoration of the environment.
T.N. Godavarman Thirumulpad v. Union of India (1997): This case dealt with the issue of illegal logging in the country's forests and the court passed an order for the immediate cessation of illegal logging and for the restoration of the environment.
Conclusion:
In conclusion, the Indian Supreme Court has played a significant role in the constitutionalization of environmental problems in India. The Court has used the Indian Constitution to address environmental issues and to protect the rights of citizens to a clean and healthy environment. These cases demonstrate the importance of the Indian Constitution in addressing environmental issues and the role of the judiciary in protecting the environment.
These case laws show the significance of the Indian Constitution in addressing environmental issues and the role of the judiciary in protecting the environment. The Indian Supreme Court has played a crucial role in constitutionalizing environmental problems and in creating a legal framework to protect and preserve the environment in India.
