Environmental Rights and the Judiciary (Paperback) (ISBN-13: 9798330578009)

This compelling book offers a deep dive into the dynamic evolution of environmental protection in India, charting its progress from constitutional foundations to the robust judicial activism shaping today's environmental landscape. With a focus on the fundamental right to a healthy environment, the book examines how India's legal and constitutional frameworks have empowered the state to safeguard its citizens' right to life and liberty through environmental protection.

The author traces the landmark 42nd Constitutional Amendment of 1976, which introduced Articles 48-A and 51-A(g), placing a constitutional obligation on the state to protect and improve the environment. The text highlights key environmental legislation-including the Environment Protection Act (1986), the Water and Air Pollution Acts, and the Forest Conservation Act (1980)-that have cemented these constitutional mandates into actionable laws.

Through insightful analysis of landmark legal cases such as the Silent Valley Case, RLEK Case, and the Bhopal Gas Disaster, this book demonstrates the transformative role of Public Interest Litigation (PIL) in pushing environmental concerns to the forefront. The author reveals how PIL has been a powerful tool in holding the state accountable, leading to groundbreaking judicial decisions that have strengthened environmental protections nationwide.

More than just a legal exploration, this work examines the interplay between constitutional law, legislative action, and judicial activism, shedding light on how the Indian judiciary has interpreted the right to a pollution-free environment as an essential part of the right to life.

An indispensable resource for scholars, legal professionals, and activists, this book offers a comprehensive look at the development of environmental law in India and the ongoing fight for a sustainable, equitable future for all.