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International Journal of
Law
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VOL. 12, ISSUE 2 (2026)
Environmental impact assessment and the right to a clean environment
Authors
Ashutosh Malik
Abstract
This research observes how environmental impact assessments function as practical tools that protect people’s right to a clean environment through judicial decisions in India. The study commences by explaining what environmental rights mean and why they matter to ordinary citizens before exploring how India’s constitution supports these rights. Environmental impact assessment, commonly known as EIA, is a process that assesses how a new project might harm the environment and people’s health before approval. The research then examines how Indian courts have used EIA to strengthen environmental protection, discussing key cases in which judges linked EIA requirements to people’s fundamental rights. A major focus of this research is understanding how the National Green Tribunal, a specialised court for environmental cases, has shaped EIA practices and their role in protecting the environment. The study also examines real problems that arise when using EIA to safeguard environmental rights, such as weak enforcement, incomplete assessments and pressure from development projects. This research also identifies gaps in current EIA systems and suggests practical improvements to make environmental assessments more effective at protecting both nature and public health. The research concludes that while Indian courts have shown a strong commitment to environmental protection through creative interpretation of constitutional rights, the EIA process still faces significant challenges in practice. The research recommends strengthening public participation in EIA processes, improving technical standards for assessments, ensuring timely compliance with court orders and improving coordination between environmental agencies and courts. Ultimately, this research contributes to understanding how procedural requirements, such as EIA, can work alongside judicial activism to create meaningful environmental protection, while also acknowledging the practical limitations that must be addressed through stronger laws and better implementation strategies in India’s pursuit of sustainable development.
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Pages:270-274
How to cite this article:
Ashutosh Malik "Environmental impact assessment and the right to a clean environment". International Journal of Law, Vol 12, Issue 2, 2026, Pages 270-274
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