Emergence of Environmental Jurisprudence Through Judicial Activism in India An Analytical Study

Abstract

Environmental Jurisprudence has emerged out of the rising human consciousness towards the newlinethreat to the environment by uncontrolled human activities and sustainable development for newlinefuture generations. It encompasses the functions and powers of all three organs of the newlinegovernment under constitutional framework, critically analyzes the existing mechanism devised newlineto protect the environment and suggests corrective measures. Environmental jurisprudence not newlineonly includes the laws which are made under the statutory authority, but also includes the newlineinterpretation of statutes and laws made by the judiciary. newlineThe Stockholm Conference, 1972 is a landmark event in the history of environment newlinejurisprudence, which gave an impetus to all signing countries to take appropriate measures for newlinethe protection of the environment. Exercising its powers under article 253 of the constitutions of newlineIndia and to oblige its treaty obligation, parliament introduced 42nd amendment and inserted newlineArticle 48- A and 51(A)g. Since then, a numerous legislative and judicial actions have shaped newlinethe environmental jurisprudence in India. newline