Judicial Activism And The Evolution Of Environmental Jurisprudence In India: From Constitutional Mandate To The National Green Tribunal

Abstract

Environmental jurisprudence in India represents a distinctive field of constitutional development in which judicial interpretation converted environmental protection from a largely directive constitutional commitment into an enforceable dimension of the right to life. Through public interest litigation, expansive interpretation of Article 21, and doctrines including absolute liability, sustainable development, the precautionary principle, polluter pays, public trust and intergenerational equity, the Supreme Court reshaped environmental governance. The National Green Tribunal Act, 2010 subsequently institutionalised several of these principles within a specialised adjudicatory framework. This article examines that transition, evaluates the legitimacy and limits of environmental judicial activism, and considers the emerging constitutional significance of climate change.