ENVIRONMENTAL JUSTICE DELIVERY SYSTEM IN INDIA: TRACING THE EVOLUTION OF GREEN JUSTICE

Abstract

Going by the conventional rule, it is the legislature and the executive which are responsible for the governing process. But the Indian experience, particularly in relation to the environmental issues has been quite different. For the past few decades, the Indian Supreme Court has been actively contributing in the protection of the environment. In addition to its role of interpretation and adjudication, the court has been active in evolving new principles of environmental jurisprudence and creating new institutions and structures through its various directions and judgments. One of the main reasons for the judiciary to take pro-active role in the environmental regime is the failure of the other organs of the government in discharging their constitutional and statutory duties. The constitutional framework of the country incorporates provisions for not only incorporating the internationally recognised principles within the national regime but also provides scope for the judiciary in evolving the environmental jurisprudence. The various innovations brought about by the judiciary as part of the environmental law while according recognition to the fundamental rights of the people which have formed part of both substantive as well as procedural law are worth appreciating. However, as regards the jurisprudential basis of the concept of ‘green courts’ as to what led to the adaptation of this concept in the Indian regime would go on to have an insight into the recommendation of the Law Commission’s report upon the constitution of ‘environmental courts’ in the country. The paper also evaluates in detail the origin and functioning of the National Green Tribunal in India. This has been regarded as a step further towards improving the quality of environment, especially at a time when there is a tussle between the environmental and sustainability issues at the national level.