Challenges for Indian Judiciary in Protection of Environment

Abstract

There is no dearth of legislations on environmental protection in India but their enforcement has been far from satisfactory. There is need for the effective and efficient enforcement of the Constitutional mandate and other environmental legislations. The creative role of judiciary has been significant and laudable. Pursuant to the Constitutional provisions contained in Articles 48A and 51A (h), many Public Interest Litigations have been instituted in the Supreme Court of India against many industries for failing to provide adequate pollution control and also against Pollution Control Boards to direct them to take appropriate measures to ensure pollution control. For the purpose of efficient and effective enforcement of these lays, it is necessary to set up an Adjuratory Body which should consist of legal as well as technical experts. Caring for regulating and protecting the environment is essentially a desire to see that national development should proceed along the rational sustainable laws.