GS Question

The statement that the most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court holds weight due to the transformative role played by the court in shaping environmental governance in the country. The Supreme Court of India has played a crucial role in recognizing the right to a healthy environment as a fundamental right under the ambit of Article 21 of the Constitution, thereby elevating environmental issues to the status of constitutional importance.

One of the landmark cases that highlights the Supreme Court's role in the constitutionalization of environmental problems is the case of M.C. Mehta v. Union of India (1987). In this case, the court dealt with the issue of industrial pollution in Delhi caused by the unauthorized operation of polluting industries. The Court, in its judgment, held that the right to a clean environment is an integral part of the right to life under Article 21. This case not only emphasized the importance of environmental concerns but also laid the foundation for future environmental litigation. It also resulted in the establishment of the concept of 'polluter pays,' holding industries responsible for any environmental damage caused by them.

Another significant case that expanded the scope of environmental constitutionalism is the case of Subhash Kumar v. State of Bihar (1991). The Supreme Court, in this case, recognized the right of a person to have access to potable water as a fundamental right under Article 21. The Court held that the denial of clean drinking water amounts to a violation of the right to life. This judgment not only emphasized the importance of clean drinking water but also set a precedent for considering various aspects of environmental protection as a constitutional right.

Furthermore, the Supreme Court's involvement in the preservation of ecologically fragile areas has been significant. In the case of T.N. Godavarman Thirumulpad v. Union of India (2008), the Court, in an effort to protect forests, issued directions for the closure of illegal mines and the eviction of encroachers from forestlands. The Court appointed expert committees and empowered bodies to ensure the protection and preservation of forests in compliance with environmental laws. This judgment not only addressed the issue of encroachment but also safeguarded the ecological and environmental interests of the country.

The Supreme Court's role in environmental matters has also been recognized internationally. The case of Vellore Citizens Welfare Forum v. Union of India (1996) highlighted the importance of applying the 'polluter pays' principle to protect and restore the environment. This judgment affirmed India's commitment to international environmental norms and principles.

In conclusion, the constitutionalization of environmental problems by the Supreme Court of India has indeed been one of the most significant achievements of modern law in India. Through landmark judgments and the recognition of the right to a healthy environment as a fundamental right, the Court has played a transformative role in shaping environmental governance in the country. The cases discussed above illustrate the Court's proactive approach in addressing and resolving environmental issues, setting precedents for future litigation, and upholding the rights of citizens to a clean and healthy environment.