{"id":4418,"date":"2013-09-19T09:15:45","date_gmt":"2013-09-19T03:45:45","guid":{"rendered":"http:\/\/lex-warrier.in\/?p=4418"},"modified":"2023-07-01T15:44:36","modified_gmt":"2023-07-01T15:44:36","slug":"judicial-activism-environmental-protection","status":"publish","type":"post","link":"https:\/\/lex-warrier.in\/archives\/judicial-activism-environmental-protection.html","title":{"rendered":"Judicial Activism in Environmental Protection: An Environmentally Active Judiciary"},"content":{"rendered":"

Author: Nivedita Saxena, Research Associate<\/b><\/p>\n

Judicial activism is essentially the terminology for judicial rulings that are suspected of being based on personal, political or other considerations rather than the existing laws and go beyond the scope of judicial review. Black\u2019s Law Dictionary defines judicial activism as a \u201cphilosophy of judicial decision-making whereby judges allow their personal views about public policy, among other factors too guide their decisions.\u201d One major manifestation of judicial activism in Indian courts has been in the form of increasing number of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic rights of the poor and vulnerable sections of society, by progressive interpretations and positive actions. The Constitution of India does not confer any authority or jurisdiction for \u2018activism\u2019 as such on the Courts, thus judicial activism is an act in excess of courts powers.<\/p>\n

It is popularly said that judicial activism occurs due to in-activity and inefficiency of other organs of the government like the executive and legislature. Courts through judicial activism provide relief to the disadvantaged and aggrieved citizens, and thus compel the authorities to act or direct the government regarding policies and matters of administration. Post 1980s India had shown a tremendous vigour in judicial activities along with administrative and legislative activism.<\/p>\n

The failure of the state agencies in efficiently enforcing the environmental laws along with the non-compliance of the various statutory norms has resulted in continuous degradation of the environment. Besides that, the shortcomings of the executive in combating the pressures on the environment brought about by the change in the country\u2019s economic policies have thrust the responsibility of environmental protection upon the\u00a0judiciary.\u00a0 In some\u00a0instances the Judiciary had\u00a0to not\u00a0only exercise its\u00a0role as an interpreter of the law but also had to take upon itself the role of constant monitoring and\u00a0its implementation.<\/p>\n

Public interest litigations<\/b><\/p>\n

With the rapid industrial growth, the environmental quality has come to become secondary to the goals of economic social development, resulting in widespread pollution, land degradation, etc. The existing administrative and institutional framework is too shaky and ineffective to handle the challenge of environmental protection, which threatens our very survival. Hence, there is a need to have a new environmental ethos to meet the challenge. This is precisely where the role of an activist judiciary comes in ((Chadra Pal, \u201cEnvironmental Protection and Emerging Treads In Judicial Response\u201d ,Central India Law Quarterly, Available at http:\/\/www.indiankanoon.org\/doc\/106215\/<\/a>, Last visited on 11 August 2013)).<\/p>\n

PIL is one of the most inexpensive legal remedy due to nominal costs involved in filling and contesting the litigation, even though it increases the number of frivolous litigations in courts. The traditional concept of Locus Standi <\/i>is no longer a bar for the community oriented Public Interest Litigations. Though not an aggrieved party, an environmentally conscious individuals, groups or NGOs now have access to the Supreme Court\/High Courts through PIL. At present most environmental actions in India are brought under Articles 32 ((This Article gives the right to move the Supreme Court by appropriate proceedings for the enforcement of<\/p>\n

\u00a0\u00a0 the guaranteed Fundamental Right))and 226 of the Constitution. The writ procedure is preferred over the conventional suit because it is speedy, relatively inexpensive and offers direct access to the highest courts of the land.<\/p>\n

Distinctive characteristics of PIL Include ((Chadra Pal, \u201cEnvironmental Protection and Emerging Treads In Judicial Response\u201d, Central India Law Quarterly, Available at http:\/\/www.indiankanoon.org\/doc\/106215\/<\/a> , Last visited on 11 August 2013)):<\/p>\n