Implications of Indian Supreme Court's Innovations for Environmental Jurisprudence

 

Geetanjoy Sahu
Centre for Interdisciplinary Studies in Environment and Development
Institute for Social and Economic Change,
Nagarbhavi Post
Bangalore-560072, India
geetanjoy@isec.ac.in

 
 

This paper analyses the implications of innovative methods of the Indian Supreme Court for environmental jurisprudence to protect and improve the environment. Innovative methods are understood in terms of application and creation of new principle and structure for environmental jurisprudence. Through a series of innovative methods the Supreme Court of India has not only ensured fundamental right of citizen to healthy environment but also has contributed immensely to the evolution of new principles in environmental jurisprudence. The Court's innovations for environmental jurisprudence, however, have neither been institutionalised for their long term impact nor have they been consistent and uniform in their application for the protection and improvement of environment. It is also observed that there has been opposition to Court innovations both by the implementing agencies and public, as the Court through its application of new methods and creation of structures for environmental protection has crossed its adjudication boundaries thereby started interfering in all affairs of environmental management.

 

Civil society, environment, innovations, jurisprudence, law, litigation, policy, power, rights, Supreme Court of India.

 

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