DEVELOPMENT OF ENVIRONMENTAL JURISPRUDENCE THROUGH THE AEGIS OF ARTICLE 136 OF INDIAN CONSTITUTION: A CASE STUDY

The development of environmental jurisprudence in India under the umbrella of Article 136 of the Indian Constitution signifies stimulating aspect of the judiciary's role in shaping environmental law and policy. Article 136 empowers the Supreme Court to grant special leave to appeal against any judgment, decree, determination, sentence, or order in any matter passed or made by any court or tribunal in the country.

This article delves into how Article 136 has been utilized as a tool for the evolution of environmental jurisprudence in India by the Supreme Court of India. It focuses on pivotal cases where the Supreme Court, exercising its discretionary power under Article 136, has delivered landmark judgments that have significantly influenced environmental law and policy.

Through a meticulous analysis of various cases, such as the M.C. Mehta v. Union of India series, Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh , T.V. Godavaram vs. Union of India , and others, this study illustrates the proactive role of the Supreme Court in environmental protection and conservation.

This article explores how the Supreme court has interpreted and expanded the ambit of environmental jurisprudence by utilizing Article 136, thereby ensuring the enforcement of environmental laws, protecting natural resources, and upholding the fundamental right to a healthy environment as an intrinsic part of the right to life under Article 21 of the Constitution.

Moreover, it evaluates the effectiveness of judicial interventions facilitated by Article 136 in addressing complex environmental challenges, setting precedents, and establishing principles such as the 'polluter pays' and 'precautionary principle', 'sustainable development' and 'public trust' in environmental jurisprudence.

The analysis also sheds light on the court's efforts to balance environmental concerns with developmental imperatives and how its decisions have influenced legislative and executive actions, leading to the formulation of policies aimed at sustainable development and ecological preservation. Ultimately, this case study showcases how the Supreme Court, utilizing its discretionary authority under Article 136, has played a pivotal role in the development and consolidation of environmental jurisprudence in India, contributing significantly to the country's commitment to environmental protection and sustainable growth.