Role of legislature and Indian judiciary in protection and prevention of environmental degradation
Basharat Amin, Shaib Abas Malik
The concern for environmental protection in India can be traced back to Ancient times. Our Constitutional commitment towards environmental protection and management of resources is very much enshrined in different Articles and Schedules of the Constitution. In India, the Concern of environment protection has not only been raised to status of fundamental law of the land. But it is also wedded with human rights approach and it is now well established that it is the basic human right if every individual to live in pollution free environment and other statutory provisions contained in various laws relating to the environment protection, Supreme Court has held the essential feature of the ‘Sustainable development’ such as ‘Precautionary Principles’ and the ‘Polluter Pays Principle’
When natural habitats are destroyed or natural resources are depleted, environment is degraded. The Honorable Supreme Court of India has played an important role as the protector of “Fundamental Rights” of Citizens of India. As Right to Health Environment is one of the Fundamental Right under the Constitution it is also protected by the Supreme Court. The objective of the research paper is how the apex court has played vital role to curb the problem of environmental degradation through the process of judicial Review and also to study the legislative and constitutional provisions which not only safeguard the environment degradation but impose penalty to the polluter.