The Role of the Judiciary in the Enforcement of Environmental Law in India

India has during the last years has become one of the fastest growing economies of the world. The middle class is increasing, and it is now projected to consist of three hundred million. The economic growth is mainly explained by a liberalisation of the Indian market that due to extended foreign investments. India has distinguished itself within the global market of information and service sectors, but there has also been an immense growth within mass production. Environmental pollution generally has the largest effect on poor people and those who depend upon natural resources, such as farmers. The Indian middle class has grown during the last decade, but 40 % of the Indian population still lives even below the global poverty line. It is this group who will be distressed most fiercely by environmental degradation.

Judiciary in India, the Supreme Court and the High Court’s played an important role in preserving the doctrine of ' Sustainable Development '. Parliament enacted various laws to deal with the problems of environmental degradation. In such a situation, the superior courts played a pivotal role in interpreting those laws to suit the doctrine of ' Sustainable Development'. It is worthwhile to discuss here that principle 10 of Rio declaration, 1992 States that "Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that held by public authorities, including information on hazardous materials and activities in their local communities, and the offer in decision-making processes. States facilitates and encourage public awareness and participation by making information widely available. It must also to be remembered that most of the environmental cases have come before the court through PIL (public interest litigation) either under Article 32 or under 226of the constitution. “Apex court applied the doctrine of ' Sustainable Development' in Vellore Citizen Welfare Forum vs. Union of India.  Dispute started by some tanneries in the state of Tamil Nadu. These tanneries had been discharging effluents in the river Palar, which was the main source of drinking water in the state.” The Hon'ble Supreme Court held that: ―We have no hesitation in holding that the precautionary principle and Polluter Pay Principle are part of the environmental law of India.

The role of the Supreme Court as last interpreter can be seen in various judgments. The most important job the Supreme Court has done of modern law in India is the constitutionalisation of environmental problems by the apex court of India. Judiciary is one of the most significant pillars of democracy. The r contribution of judiciary in the protection of environment is no less than that of the legislature and executive. Perhaps, its job is more important in the implementation of the environmental policies in our country. Thus it is clear that the courts give equal significance to environment, ecology and development while trying the cases of environmental degradation.