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.
|Title of host publication||Le constitutionnalisme environnemental|
|Subtitle of host publication||Quel impact sur les ordres juridiques ?|
|Place of Publication||Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien|
|Publication status||Published - 31 Aug 2019|