Green Justice: The Rise of Public Interest Litigation in India’s Environmental Governance

Abstract

Environmental Public Interest Litigation is a pioneering legal instrument for addressing the environmental crisis. It not only addresses the catastrophe of the commons in environmental issues but also serve a vital means for protecting and safeguarding the rights of environmentally vulnerable group/groups and upholding environmental justice in the country. In a number of studies, it has been shown that as far as the environmental degradation is concerned, the courts in the form of Public Interest Litigation have played a pivotal role in reducing the environmental hazards and curbing the further deterioration of environment. Over the past decade, the development of India’s Environmental Public Interest Litigation system has been promising. The rise of Environmental PIL was facilitated by the influence of judgment delivered by Justice Bhagwati and Justice Krishna Iyer. The Indian judiciary has proved itself to be a strategic partner in promoting environmental governance by upholding the rule of law and in ensuring a fair balance between protection of environment, social commitments and development. This study focuses on various facets of Public Interest Litigation in Environmental Law and aims to comprehend how effective are Environmental Public Interest Litigation in shaping environmental jurisprudence and promoting sustainable development.