Model Answer
0 min readIntroduction
Public Interest Litigation (PIL), a cornerstone of judicial activism in India, emerged as a powerful tool for social justice and environmental protection in the 1980s. Traditionally, only an aggrieved party could approach the courts. However, PIL broadened access to justice by allowing public-spirited citizens and organizations to file petitions on behalf of those unable to do so themselves. This was a significant departure from the conventional locus standi rule. The genesis of PIL can be traced to letters and post cards addressed to the Supreme Court, highlighting issues of human rights and environmental degradation, which were treated as writ petitions. This innovative approach has profoundly impacted environmental governance in India, providing a crucial mechanism for enforcing environmental laws and protecting natural resources.
The Rise of Environmental PIL in India
The initial years of PIL saw a surge in cases related to environmental concerns. This was largely due to increasing awareness about environmental issues and the limitations of existing legal frameworks in addressing them effectively. The courts, recognizing the urgency of the situation, adopted a liberal approach to standing and relaxed procedural requirements to facilitate environmental litigation.
Landmark Cases and their Impact
MC Mehta v. Union of India (Oleum Gas Leak Case, 1987)
This case is considered a watershed moment in the evolution of PIL in India. The Supreme Court held that the principle of ‘absolute liability’ should be applied in cases involving hazardous substances, meaning that industries dealing with such substances are strictly liable for any harm caused, regardless of whether they took reasonable care. This principle significantly strengthened environmental liability standards.
MC Mehta v. Union of India (Taj Mahal Case, 1996)
Concerned about the deteriorating condition of the Taj Mahal due to air pollution from nearby industries, MC Mehta filed a PIL. The Supreme Court directed the closure or relocation of polluting industries in the Taj Trapezium Zone (TTZ) to protect the monument. This case demonstrated the court’s willingness to take drastic measures to safeguard cultural heritage and the environment.
Vellore Citizens Welfare Forum v. Union of India (1996)
This case established the ‘polluter pays’ principle and the ‘precautionary principle’ as integral parts of Indian environmental law. The ‘polluter pays’ principle holds that those who pollute the environment should bear the costs of remediation. The ‘precautionary principle’ mandates that preventive measures should be taken even in the absence of complete scientific certainty regarding environmental harm.
M.C. Mehta v. Union of India (Ganga Pollution Case, 1985 onwards)
This ongoing PIL addresses the severe pollution of the Ganga River. The Court has issued numerous directions to the government to control pollution, including the establishment of sewage treatment plants and the prevention of industrial discharge into the river. While progress has been slow, the case continues to exert pressure on authorities to address this critical environmental issue.
Challenges and Limitations of Environmental PIL
- Delay in Implementation: Court orders are often not implemented promptly due to bureaucratic hurdles and lack of political will.
- Lack of Enforcement Mechanisms: Effective enforcement of environmental laws remains a challenge, even with court intervention.
- Judicial Overreach: Concerns have been raised about the judiciary encroaching upon the domain of the executive and legislature.
- Genuine vs. Frivolous PILs: The increasing number of PILs, including some frivolous ones, can strain the judicial system.
Recent Trends and Developments
In recent years, the Supreme Court has emphasized the need for a more responsible approach to PIL, discouraging frivolous petitions and imposing costs on petitioners who file unsubstantiated claims. The National Green Tribunal (NGT), established in 2010 under the National Green Tribunal Act, has also emerged as a significant forum for resolving environmental disputes, providing a specialized and expeditious mechanism for environmental justice. The NGT complements the role of PIL by offering a dedicated platform for environmental litigation.
Conclusion
Public Interest Litigation has undeniably been a transformative force in environmental protection in India. It has empowered citizens, strengthened environmental laws, and compelled authorities to address environmental degradation. However, challenges remain in ensuring effective implementation and enforcement of court orders. A collaborative approach involving the judiciary, executive, legislature, and civil society is crucial to harness the full potential of PIL and achieve sustainable environmental governance. Strengthening the NGT and promoting environmental awareness are also vital steps towards a greener and more sustainable future for India.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.