Professional Documents
Culture Documents
LRM Project
LRM Project
PUNJAB
1
BONAFIDE CERTIFICATE
This is to certify that the project on the topic “Role of lawyers in creation of law: An Overview”
and subtopic “The Lawyer's role in the development of environmental jurisprudence in India”
made by Ashish Kumar and submitted to the Rajiv Gandhi National University of Law, Punjab
is an original and bonafide piece of research work, that was carried out under my supervision
and was required for the 1st semester of B.A.LL.B (Hons.).
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ACKNOWLEDGEMENT
The accomplishment of this project is owed to the constant support and guidance of people to
whom I’d like to convey my sincerest gratitude. Gurneet sir, our LRM teacher, who enabled
me to complete this project, with her constant encouragement. His valuable help and guidance
were instrumental in the project and resolving all the doubts encountered during the making of
this project.
The Library staff which aided me in my research for the project through the usage of the online
databases and journal collections available in the library.
Lastly, I would like to sincerely appreciate my family members and friends for their constant
encouragement and moral support to enable me to complete this project.
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Table of Contents
BONAFIDE CERTIFICATE ..................................................................................................... 2
ACKNOWLEDGEMENT ......................................................................................................... 3
1 INTRODUCTION .............................................................................................................. 5
4.4 Ways to create laws related to the environment with the help of lawyers ................ 16
6 BIBLIOGRAPHY ............................................................................................................ 19
4
1 INTRODUCTION
1.1 Introduction of The Topic
As the environment is our life support and pollution affected the whole planet earth because
somehow all species are connected. So, the protection and preservation of the environment are
some of the very important issues. Environment law plays an important role in protecting nature
and its resources. As development in society lead to many types of pollution which disturb ease
of living. Environment law protects the ease of livelihood of living beings. Where Lawyers
plays an important role in the development of environmental jurisprudence. Which give hope
for a better environment and pollution-free life.
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• What is the origin of Environmental jurisprudence?
1.7 Hypothesis
The Hypothesis formed that before undertaking this research work related to this project, that
the Lawyers play an important and crucial role in the development of environmental
jurisprudence in India.
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2 ENVIRONMENTAL JURISPRUDENCE IN INDIA:
ITS ORIGIN, DEVELOPMENT, AND IMPORTANCE.
The concept of environmental protection can be found in the Indian ancient cultural beliefs. To
understand environmental conservation and protection of natural resources of the earth in the
present-day legal system, the old Indian traditions, and practices of protecting the environment
played an important role in the development of environmental law in India.
During Ancient India, it is said that environmental awareness was also existed in the Indus
valley civilization (before Vedic time). From the archaeological evidence, it is gathered that
Mohenjo Daro and Harrapa were the important cities of the ancient Indian civilization. The
construction of a well-ventilated house, public baths, many wells, systematic streets, and
covered drainage system give evidence of their awareness regarding hygiene and sanitation
during that time. The Arthashaatra which is a historical book on the policy of economics,
statecraft and military strategy was followed in ancient India, many types of punishments are
prescribed in this book for damaging the forest, cutting trees, and killing animals and
environmental ethos was not only applicable for a usual man but also the kings and rulers for
conservation of nature.
But during Medieval India, no major steps are taken to the protecting and conserving the
environment. There is no worthy development regarding environmental jurisprudence during
the Medieval period which was majorly dominated by Muslim rulers. The forest means no
more than woodlands where hunt could be done by most Mughal rulers. But during Mughal
Emperor Akbar rule, he had prohibited hunting for others except for rulers. During this period
rulers are mainly interested in religious propagation, war, and empire-building. Forests were
steadily shrinking in size during this period.
In the British era, the Indian Forest Act of 1865 was the first-ever environmental law in India,
the motive was to get wood from free sources for the development of railways and other
industries. But this law provides certain protections to the reserved forest, it was mainly in
place to legalise a large amount of tree cut down for the growth of industry and trades. Many
Acts was introduced in this era for environmental protection.
After Independence, In India Constitution was adopted in 1950 did not deal with the area of
protection of the environment and control of pollution. But After 1972, the Stockholm
Declaration gave the wider perspective of environmental protection in the eye of the Indian
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government. Then special laws were enacted by the India Central Government for
environmental protection. Many laws were added to the constitution after the Stockholm
declaration.
However, some of these laws did not prove to be effective in preventing the tragedies such as
Bhopal Gas Leak, Delhi gas leak at Shriram Foods and Fertilizers, etc. In Dec. 1984, a
hazardous gas methyl isocyanate was leaked from the Union carbide India ltd. plant situated in
Bhopal and it killed almost thousands of people and lakhs of people were affected. This incident
was followed by another tragedy of a Delhi gas leak at Shriram foods and fertilizers. Both leaks
change the environmental responses in India and increased environmental awareness. These
incidents forced the Indian government to bring a detailed law that recognised and regulated
the many areas connected to a different aspect of the Environment. Many laws that came into
force after this incident will be discussed later.
Environmental jurisprudence has developed and changes years to years. In the environmental
legislation, there was rapid evolution after the independence of India. From ancient
environmental rule to the medieval period, and then from the British colonial era to post-1972
(Stockholm declaration), and the emergence of Indian environmental laws through modern
legislation after tragic incidences, which make environmental law a concerning topic for the
legislature authority and the Indian judiciary by giving the landmark judgement on interest
regarding the environment.
While the enactment of many legislations in that time was seen to be progressive, which is
followed by the next phase in the development of environmental jurisprudence through case
laws. Many activists (including some lawyers) sought regulation and guidelines from the court
where was no law in the particular area for the protection of the environment.
As a whole, it can be said that most of the regulations and policies regarding environmental
law are exist today was came from PIL (Public Interest Litigations) and judicial activism with
the help of lawyers.
Environmental law plays an important role in protecting nature and its resources. As the
environment is our life support system and pollution affected the whole planet earth. So, the
protection and preservation of the environment are some of the very important issues. As
development in society lead to many types of pollution which disturb ease of living. Somehow
humans activity is interconnected to the ecosystem and concerning the natural environment.
8
Environmental law work as a safeguard in the prevention of environmental damage and
ensuring effective management of the environment.
The increasing public awareness of the importance of the environment led to the discipline of
environmental law has become a prominent area of study in the legal field. It has opened a new
field of possibility for law aspirants and upcoming lawyers, in virtue of the need for strict
procedures and rules that regulate the effective regulation of natural resources in the
environment.
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3 LAWS RELATED TO THE ENVIRONMENT IN
INDIA.
3.1 Constitutional Law related to the Environment in India
The Indian Constitution is not to be considered inert but as a living document which gets
evolves from time to time. Individual dignity and socialist pattern of the society is ensured by
our constitution preamble. The environment is defined under The Environment Protection Act,
1986 as “environment includes water, air and land and the interrelationship which exists among
and between air, water and land and human beings, other living creatures, plants, micro-
organism and property”. 1
Part third of the Indian constitution from Article 12 to 35 talks about Fundamental Rights.
Various Articles of fundamental rights deals with Rights concerning the environment. Articles
14,19, and 21 have been used for environmental protection. Article 32 of the Constitution is
used as a tool by various lawyers for developing environmental law. Under Article 14 of the
Indian Constitution, give equality before the law and equal protection of the law. This
fundamental right imposes a duty upon the state to be fair inactions regarding the protection of
the environment and article 14 can’t be infringed. Pollution is caused by excessive noise in
society. Under Article 19 (1) (a) of the Indian constitution, it gives the right to a decent
environment and the right to live peacefully to people. Thus, noise pollution caused by
loudspeakers can be controlled under article 19 (1) (a) of the constitution. Article 21 of the
Indian constitution say “no person shall be deprived of his life or personal liberty except
according to procedure established by law”2. Article 21 has received substantial interpretation
from time to time after the verdict of S.C. in Maneka Gandhi vs. Union of India3. Article 21,
guarantees the fundamental right to life such as the Right to the environment, and free of the
danger of infection and disease.
Part fourth of the Indian constitution from Article 36 to 51 deals with the Directive Principle
of State Policy. In DPSP, some articles deal with environmental protection. For examples:
1
Available at
https://pib.gov.in/newsite/printrelease.aspx?relid=105411#:~:text=Article%2051%2DA%20(g),ideals%20of%2
0building%20welfare%20state (last accessed on 28th September 2021)
2
ibid
3
1978 AIR 597, 1978 SCR (2) 621
10
• Article 47 provides that the State shall ensure the living of its people and the
improvement of public health as among its primary duties. The improvement of public
health also includes the protection and improvement of the environment without which
public health cannot be assured.4
• Article 48-A give “the state shall endeavour to protect and improve the environment
and to safeguard the forests and wildlife of the country”.5
Constitution also lays down fundamental duty upon every citizen regarding environment
protection under Article 51-A (g), which provides that “It shall be the duty of every citizen
of India to protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures.”6
The Indian constitution expresses the framework of protection and preservation of nature
without which life cannot be enjoyed. The knowledge of constitutional provisions
concerning environmental protection is needed to bring environmental awareness,
environmental education, more public participation, and enlighten the people in the
preservation of the environment and ecology.
• Water (Prevention and Control of Pollution) Act, 1974 - Water is most important for
living beings so for the protection of water this Act was introduced which forbids the
discharge of pollutants and hazardous substances into water
• Air (Prevention and Control of Pollution) Act, 1981- This act provides functioning to
control the release of hazardous and harmful volatile substances in the environment
which cause air pollution. The Act pursues to control pollution in the air by forbidding
the release of polluting substances and fuels.
• Environment (Protection) Act, 1986 – This act offers a wide scope as an umbrella in
legislation design to provide a framework for the coordination of state and central
authorities under various acts related to the environment. This act gives power to the
central government to form various standards for protecting the environment from
4
Available at https://www.legitquest.com/legal-guide/environment-laws-in-india
5
ibid
6
ibid
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discharge and emission of hazardous waste; for hazardous wastes management and
protecting public welfare and health.
There are many more statutory laws related to the environment in India. The laws related
to the environment can be made by central as well as state governments because the subject
environment falls in the concurrent list.
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4 ROLE OF LAWYERS IN THE DEVELOPMENT OF
ENVIRONMENTAL JURISPRUDENCE IN INDIA
Lawyers play an important role in developing environmental law in India. As the environment
is our life support system and pollution affected the whole planet earth because somehow all
species are connected. So, the protection and preservation of the environment are some of the
very important issues. Few environmental lawyers in the world, who helped in developing
environmental jurisprudence in different regions and countries, such as Paul stein in Australia,
and Alexandra Dunn, Robert F. Kennedy jr. and Peter Lehner in America, etc are contributed
to the development of environmental jurisprudence. In India, Mahesh Chandra Mehta is a well-
known lawyer for bringing various laws related to the environment into a system.
In 1983, Mehta shifted to Delhi and then he started his career as a supreme court lawyer. Mehta
began focussing on only environmental cases. Since 1984, he had won several landmark
judgements in the Supreme Court of India. In 1996, he received the Goldman Environmental
Prize. He received the Ramon Magsaysay Award in 1997 and Padma Shri, which is the fourth
highest civilian award was awarded by the Government of India in 2016. He is well known for
his continuous fight in Courts of India against polluting industries and bringing many laws
related to the environment in India.
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role is supremely important. At present time, most environmental activities come under
Articles 226 and 32 of the constitution in India. In the environmental case, the high court
powers come under Article 226 to give directions and the supreme court come under Article
32, which have great significance.
The landmark judgement of Subhash kumar Vs. The state of Bihar7 by The Supreme court of
India, which taken the early stages of integrating a pollution-free environment under Article
21. The S.C. of India stretched this verdict in the case of Mahesh Chandra Mehta vs Union of
India8, by giving the final decision that the health of the public, ecosystem and life is the
priority over rural and the state economic condition. The concept of sustainable development
was first time applied in India, in the case of Vellore Citizen Forum Vs Union of India9 by
Justice Kuldip Singh. It was this judgement to include the principle of usual international law
within India in environment jurisprudence.
M.C. Mehta cases reflect the right to a healthy and humane environment. M.C. Mehta first case
has expanded the definition of the right to life and restricted dangerous industrial practices to
protect people’s right to live in a safe environment. In M.C. Mehta second case, there were
some enhancements. However, M.C. Mehta third case established a new jurisprudence of
concern to the pollution sufferers caused by an industry involved in potentially harmful and
hazardous practices. The M.C. Mehta fourth case concerns the pollution in Ganga water by
tanning factories or industries situated on the banks. Then the order was given by the court to
construct waste plants within 6 months from the ordered date. The failure to fulfil requirements
would cause the company to cut off sated within the order. The M.C. Mehta fourth case came
before the Supreme Court take initiative under Article 32 of the Indian Constitution for public-
spirited lawyers. Mehta filed many lawsuits on behalf of people, who are affected by any action.
• Right to life, which come under the fundamental right applies to a clean and safe
environment.
7
AIR 420, 1991 SCR (1) 5
8
1987 SCR (1) 819
9
AIR 1996 SC 2715
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• Polluters should be compensating for damages and held liable for their dangerous
activities cause.
• Public resources, which are fragile and vulnerable, should be retained and protected
high environmental values for the public.
• In Indian high courts, a Green bench should be established which particularly deal with
environmental cases.
10
1987 AIR 965, 1987 SCR (1) 819
11
1991 SCR (1) 866, 1991 SCC (2) 353
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purchased after 1995. M.C. Mehta is the petitioner of this case. Sitting judges are chief
justice Rangnath Mishra, justice M.H. Kania and justice Kuldip Singh.
• Kamal Nath case: M.C. Mehta vs Kamal Nath12
The Exemplary damage principle was introduced in India by this case. In this case,
Span Resort in Himanchal Pradesh state, owned by Minister of Environment and
Forests Mr Kamal Nath. To beautify the resort, the Beas River course was diverted and
entered into some forest area. Span management was ordered by the apex tribunal to
remove all kinds of invasions and hand over the land of forest to the government of
Himachal Pradesh. In this case polluter paying principle applied by the supreme court,
the principle of the polluter pays is part of the environmental jurisprudence in India by
the supreme court, in the Vellore Citizen Forum vs Union of India13 case. The public
trust doctrine was first mentioned in this case, where the supreme court of India applied
this doctrine concerning the preservation and protection of the environmental resource.
M.C. Mehta is the petitioner of this case. This is Two bench cases consist of justice S.
Saghnr Ahmad and justice Kuldip Singh.
There are many more case laws on Landmark cases fought by M.C. Mehta.
4.4 Ways to create laws related to the environment with the help
of lawyers
In Indian laws, there was already constitutional and statutory laws existed. But these laws from
time to time modified and new principles were added. New Laws and principles are added to
the system, with the help of Lawyers, the judiciary, the government and many more authorities,
with many processes and rectification. There is the procedure to make a Jurisprudence which
starts with a lawyer engagement such as:
• In the first step, the Lawyer can file a case under Writ petition and PIL (Public Interest
Litigation). Writ Petitioning power is given to lawyers under Article 32 and 226 in
Supreme Court and High court respectively. Lawyers can file a Writ petition on the
behalf of others also. PIL is the power given by the court to the public through judicial
activism. Anyone can file PIL including lawyers and with the help of lawyers or
appointing a lawyer.
12
(1997)1 SCC 388
13
AIR 1996 SC 2715: (1996) 5 SCC 647
16
• The second step, After filing a case by lawyers, they fight the case in courts on behalf
of others or own. After giving a Judgement by the court with the hard work of a lawyer,
judgements can be seen as case laws also. Case law is the law as established by the
outcomes of former cases. Many principles, acts, sections, and jurisprudence can be
derived from various case laws, which can bring in the system with the help of various
authorities such as the judiciary, government, committee etc.
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5 CONCLUSION AND SUGGESTIONS
Lawyers in India play a crucial role in the development of the Jurisprudence related
environment. As increasing the importance of the environment for a living being, there are
many laws enforced for protecting and controlling pollutions and these laws will develop from
time to time for bringing better outcomes. In the development of laws or jurisprudence lawyer
plays a major role. Judgement from the court, which is filed by lawyer and fought with his hard
work. judgements can be seen as case laws also. Many principles, acts, sections, and
jurisprudence can be derived from various case laws, later which can bring in the system with
the help of various authorities such as the judiciary, government, committee etc.
At present time, environmental law should be strictly followed and more strict rules to be
reformed as the increase of pollution in the environment. Increasing awareness of the
environment within the legal field, encouraged many law aspirants and lawyers to choose
environmental law, especially during the covid pandemic, as a pandemic is believed caused by
global warming and various alterations in the environment, which caused by pollution. As a
result, environmental law will be a good field for up-and-coming lawyers to look into
environmental issues, particularly in countries such as ours where the more traditional
corrections are fast filling up.
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6 BIBLIOGRAPHY
(1) JOURNAL ARTICLES
(1.1) Sahu, Geetanjoy. “PUBLIC INTEREST ENVIRONMENTAL LITIGATIONS
IN INDIA: Contributions and Complications.” The Indian Journal of Political
Science, vol. 69, no. 4, Indian Political Science Association, 2008, pp. 745–58,
http://www.jstor.org/stable/41856466.
(1.2) Ahmad, Furqan. “ORIGIN AND GROWTH OF ENVIRONMENTAL LAW IN
INDIA.” Journal of the Indian Law Institute, vol. 43, no. 3, Indian Law Institute,
2001, pp. 358–87, http://www.jstor.org/stable/43951782.
(1.3) Tiwari, G. S. “SUSTAINABLE DEVELOPMENT AS A SOCIO-ECONOMIC
GROWTH STRATEGY: EXPANDING HORIZONS OF
ENVIRONMENTAL LAW IN INDIA.” Journal of the Indian Law Institute,
vol. 52, no. 3/4, Indian Law Institute, 2010, pp. 435–52,
http://www.jstor.org/stable/45148533.
(2) Webliography
(2.1) Available at https://medium.com/nyaaya/environment-law-and-policies-in-
india-a-historical-overview-5fee2545a18f
(2.2) Available at https://legaldesire.com/evolution-of-environmental-law-and-
policies-in-
india/#:~:text=Comprehensive%20(special)%20environmental%20laws%20w
ere,the%20Central%20Government%20in%20India.&text=National%20Coun
cil%20for%20Environmental%20Policy,Forests%20(MoEF)%20in%201985.
(2.3) Available at https://moef.gov.in/wp-content/uploads/wssd/doc2/ch2.html
(2.4) Available at https://lawtimesjournal.in/constitutional-provisions-relating-to-
environment-law/
(2.5) Available at https://www.legitquest.com/legal-guide/top-7-landmark-cases-of-
environmental-protection-act
(2.6) Available at https://blog.ipleaders.in/mc-mehta-led-formation-jurisdiction-
environmental-laws-india/
(2.7) Available at https://blog.ipleaders.in/constitution-environment-provisions/
(2.8) Available at https://blog.ipleaders.in/need-study-environmental-law/
(2.9) Available at https://blog.ipleaders.in/development-environmental-law-india-
post-stockholm-declaration/
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(2.10) Available at
https://pib.gov.in/newsite/printrelease.aspx?relid=105411#:~:text=Article%20
51%2DA%20(g),ideals%20of%20building%20welfare%20state.
(2.11) Available at https://blog.ipleaders.in/m-c-mehtas-role-shaping-law/
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