ROLE OF JUDICIARY AND REGULATORY AUTHORITIES IN ENVIRONMENT PROTECTION, AND THE DOCTRINES AND PRIORITY OF ENVIRONMENT
Keywords:
JUDICIARY, REGULATORY AUTHORITIES, ENVIRONMENTAbstract
The Constitution of India is amongst the few in the world that recognizes specific provisions for the protection of the ecology and environment. There is a growing awareness that immediate and necessary measures should be taken to protect the environment. To enable broad steps are taken for the purpose, wildlife and forest are now part of the concurrent list so that the besides the state, the central government can also have an explicit role in the concerned area. The natural resources of energy cannot be utilized if it results in the irreversible damage to the ecology. The court has said numerous times that the right to live is a fundamental right under Article-21 of the Constitution of India and it includes the right to have a pollution free environment.1 Further, by the Forty Second Amendment, Article 48A has been inserted in the Constitution in Part IV; under Article 48A of the Constitution of India it has been written that “the state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country”. Also, Article 51A says that it shall be the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife to have compassion for creatures. Article 47 which provides that it shall be the duty of the state to raise the level of nutrition and the standard of living and to improve public health is also relevant in this connection. The most essential aspects are covered under Article 21 of the Constitution and cannot be allowed to be misused or to be polluted so as to deteriorate the quality of life of others. Again the natural resources of energy cannot be utilized if it results in the irreversible damage to the ecology.
Downloads
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
