5. Dilution of Environmental Jurisprudence in India

Background India’s environmental jurisprudence, once considered among the most progressive, has witnessed a noticeable judicial shift in recent years, raising concerns about constitutional environmental protection. Key Developments • The Supreme Court of India revisited its earlier ban on retrospective environmental clearances. • The definition of Aravalli hills was restricted to landforms above 100 metres, potentially opening large areas to mining and construction. • Judicial approvals were granted for: o Mangrove diversion o Char Dham highway project, despite ecological sensitivities. • A shift is visible from the precautionary principle to a mitigation-based clearance approach. Value Addition • Weakens the Public Trust Doctrine, where the State acts as trustee of natural resources. • Signals judicial preference for developmental expediency over ecological caution. • May dilute India’s credibility in global environmental governance. Key Definition • Precautionary Principle: Environmental harm must be prevented even in the absence of full scientific certainty. Constitutional & Legal Provisions • Article 21: Judicially expanded to include the right to a clean and healthy environment. • Article 48A: State’s duty to protect and improve the environment. • Article 51A(g): Fundamental duty of citizens to protect nature. Conclusion Judicial dilution of environmental safeguards risks irreversible ecological damage and undermines constitutional environmentalism. UPSC Relevance • GS-2: Judiciary, constitutional interpretation • GS-3: Environment, sustainable development