The principles of sustainable development are integrated into Indian constitutional and environmental jurisprudence

Principles of Sustainable Development in Indian Environmental Law

The principles of sustainable development are integrated into Indian constitutional and environmental jurisprudence, reflecting the balance between economic growth, environmental protection, and social equity. These principles are derived from constitutional mandates, statutory frameworks, and judicial pronouncements.

Constitutional Provisions

Article 48A (Directive Principles of State Policy):

It mandates the State to protect and improve the environment and safeguard forests and wildlife.

Article 51A(g) (Fundamental Duties):

It imposes a duty on citizens to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

Right to Life (Article 21):

The Supreme Court of India has interpreted the right to life under Article 21 to include the right to a clean and healthy environment. This ensures that environmental protection is linked with fundamental rights.

Principles of Sustainable Development in Indian Environmental Law

These principles have been explicitly recognized and elaborated by the judiciary in various cases:

Polluter Pays Principle:

Polluters are liable for the cost of environmental damage and for restoring the environment.

Recognized in cases like Indian Council for Enviro-Legal Action v. Union of India (1996).

Precautionary Principle:

Activities with potential environmental risks must be prevented or mitigated even if there is scientific uncertainty.

Highlighted in Vellore Citizens’ Welfare Forum v. Union of India (1996).

Inter-Generational Equity:

The present generation has a duty to preserve natural resources for future generations.

Discussed in Rural Litigation and Entitlement Kendra v. State of U.P. (1985).

Public Trust Doctrine:

Natural resources like air, water, and forests are held in trust by the State for public use and cannot be exploited for private purposes.

Emphasized in M.C. Mehta v. Kamal Nath (1997).

Sustainable Development:

Economic growth should align with environmental protection to achieve long-term ecological balance.

Recognized in Narmada Bachao Andolan v. Union of India (2000), where the court balanced developmental needs with environmental conservation.

Absolute Liability:

Industries involved in hazardous activities are absolutely liable for any environmental harm caused, without exceptions.

Established in M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1987).

Legislation Supporting Sustainable Development

Environment Protection Act, 1986:

Provides a framework for environmental protection and empowers the government to take measures for sustainable development.

The Wildlife Protection Act, 1972, and Forest Conservation Act, 1980:

Focus on conserving biodiversity and forests.

The Water (Prevention and Control of Pollution) Act, 1974, and Air (Prevention and Control of Pollution) Act, 1981:

Regulate pollution and aim to maintain ecological balance.

Judicial Activism in Sustainable Development

The Indian judiciary has played a proactive role in fostering sustainable development through Public Interest Litigations (PILs) and landmark judgments. It often invokes international conventions, such as the Rio Declaration (1992), to bolster its reasoning.

For instance, in Vellore Citizens’ Welfare Forum v. Union of India, the Court explicitly adopted the principles of sustainable development, setting a precedent for balancing environmental and developmental goals.

Conclusion

The principles of sustainable development in India ensure harmony between environmental conservation and developmental aspirations. By embedding these principles in constitutional mandates, judicial interpretations, and environmental statutes, India promotes an equitable and environmentally sustainable future.