Environmental Constitutionalism in India: Judicial Recognition and Application

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Abstract

The paper focuses on the manner and effectiveness of the Supreme Court of India in addressing the many environmental issues facing modern India. An account is presented of how the Indian senior judiciary adjudicates environmental constitutionalism through the ‘environmental care’ paradigm. It presents and analyses explicit and derivative environmental constitutionalism through judicial engagement with the directive principles of state policy, fundamental duty and right to a quality environment as a part of the fundamental right to life. The paper concludes by examining how the senior Indian judiciary has promoted environmental constitutionalism through the liberal use of Public Interest Litigation (PIL) and relaxed locus standi to access and achieve environmental justice and governance.
Original languageEnglish
Title of host publicationLe constitutionnalisme environnemental
Subtitle of host publicationQuel impact sur les ordres juridiques ?
EditorsJochen Sohnle
Place of PublicationBerlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien
PublisherPeter Lang
Chapter6
ISBN (Electronic)9782807612440
Publication statusPublished - 31 Aug 2019

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