JUDICIAL REVIEW AND ENVIRONMENTAL GOVERNANCE: AN INDIAN LEGAL PERSPECTIVE

Abstract

Environmental governance in India has gained increasing significance in recent decades due to rapid industrialization, urbanization, and ecological challenges. This article examines the pivotal role of judicial review in shaping environmental protection and sustainable development in India. It explores the constitutional and legal framework, including key provisions such as Article 48A and Article 51A(g), alongside statutory measures like the Environment (Protection) Act, 1986, and sector-specific legislation. The study highlights the judiciary’s proactive approach through Public Interest Litigation (PIL), the development of principles such as the precautionary principle, the polluter pays principle, and the principle of sustainable development, and the enforcement of compliance through landmark judgments. By analysing the complementary relationship between judicial review and legislative action, the article assesses the effectiveness and limitations of India’s environmental governance. It concludes that a synergistic approach involving judiciary, legislature, executive, and citizen participation is essential for addressing contemporary environmental challenges and promoting sustainable development.