Environment Legislation and Judicial Interpretation

  • Unique Paper ID: 173264
  • Volume: 11
  • Issue: 9
  • PageNo: 2543-2549
  • Abstract:
  • Environmental laws create the structure for enforcing and regulating policy measures via legal proceedings and the actions of regulatory bodies. Protection and management of natural resources like Water, Land, Agriculture, wildlife, Forest and several other Environmental factors is necessary to make Environment legislation. Development of Environment law is classified into two phases Before 1972 India depended on amalgamation of Tort, Criminal law and some specialized legislation to look at Environmental protection. And after 1972 Stockholm period came. The UK conference on Human Environment and development was held at Stockholm and gave birth to the Stockholm Declaration on Human Environment of1973 and 42nd Amendment in Constitution of India adopted after the Stockholm conference which introduced responsibility of both state and citizens to protect and improve the Environment. Article 48(A) in the Indian Constitution, provides that it is the duty of the state to protect and improve the Environment Article 47 further provides that the state raises the level of nutrition and the standard of living and to improve public health. Article 21 of Indian Constitution which provides Fundamental rights to reside in a pollution free Environment and to have access to clean air and water. On the other hand, the judiciary plays a very important role, sometimes the judiciary decision of the case is not only based on any legislation or any precedent but it is based on the judge's oven decision. Judges give their personal view regarding a public policy instead of constitutionalism, and this concept is called Judicial Activism. There are various methods of judicial activism like judicial review PIL, constitutional interpretation, supervisory power of the higher court on the lowest court Role of judiciary in formation of Environment legislation in India can be understood by various landmark cases.

Copyright & License

Copyright © 2025 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{173264,
        author = {Yogeeta Sharma and Kritika Dhanta},
        title = {Environment Legislation and Judicial Interpretation},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {11},
        number = {9},
        pages = {2543-2549},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=173264},
        abstract = {Environmental laws create the structure for enforcing and regulating policy measures via legal proceedings and the actions of regulatory bodies. Protection and management of natural resources like Water, Land, Agriculture, wildlife, Forest and several other Environmental factors is necessary to make Environment legislation. Development of Environment law is classified into two phases Before 1972 India depended on amalgamation of Tort, Criminal law and some specialized legislation to look at Environmental protection. And after 1972 Stockholm period came. The UK conference on Human Environment and development was held at Stockholm and gave birth to the Stockholm Declaration on Human Environment of1973 and 42nd Amendment in Constitution of India adopted after the Stockholm conference which introduced responsibility of both state and citizens to protect and improve the Environment. Article 48(A) in the Indian Constitution, provides that it is the duty of the state to protect and improve the Environment Article 47 further provides that the state raises the level of nutrition and the standard of living and to improve public health. Article 21 of Indian Constitution which provides Fundamental rights to reside in a pollution free Environment and to have access to clean air and water. On the other hand, the judiciary plays a very important role, sometimes the judiciary decision of the case is not only based on any legislation or any precedent but it is based on the judge's oven decision. Judges give their personal view regarding a public policy instead of constitutionalism, and this concept is called Judicial Activism. There are various methods of judicial activism like judicial review PIL, constitutional interpretation, supervisory power of the higher court on the lowest court Role of judiciary in formation of Environment legislation in India can be understood by various landmark cases.},
        keywords = {},
        month = {February},
        }

Cite This Article

  • ISSN: 2349-6002
  • Volume: 11
  • Issue: 9
  • PageNo: 2543-2549

Environment Legislation and Judicial Interpretation

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