Author: Simran Juneja, Student at Law College, Uttaranchal University, Dehradun
The dark ebony of the courts that thundered endlessly to shield a miniature human from the awful blows of darkness, is recognised for their ability to preserve the earth. The desire for industrialisation and political instability in the post-independence era for India rendered environmental conservation the lowest priority. But the devastating Bhopal Gas was a top-level and took environment protection to the Core. The nation was eventually extended and improved by current environmental legislation. The Supreme Court and the High Court pursued in both instances a fundamental protection to the climate, thereby applying their scope to the protection to insurance, safe sea and air. Some key options include closing the UP calcareous quarries, stopping the contaminated Tannery on the Ganges River and establishing a policy of complete liability for risky companies. The Delhi CNG Code, the Municipal Solid Waste Rules and the Municipal Karnataka (amendment) Act were drawn up in reaction to a Court Order. Policies have been drawn up and changes were made. However, in leading to social transformation the efficiency of judicial activism is questionable. While the judiciary can lay the groundwork for protection of the environment, it hasn’t really proved adequate to bring sufficient results from the progress made by judicial activism.
While a range of statutory measures have been made to insure that people have a clear right to a safe environment and a reciprocal obligation for the protection and conservation of the ecosystem by the state and institutions, my research is directed at analysing acts made by the To the purpose, the judiciary. Identify the present situation and determine the nature and scope of this study significant environmental improvements introduced to date by the Indian judiciary.
Keywords: Judicial Activism, Environment Protection, Environment, Effectiveness, India, Judiciary.