GENESIS OF PUBLIC INTEREST LITIGATION

Constitutional Provisions And Laws On Environment

The Supreme Court of India in numerous matters elaborated the scope of Article 21 of the constitution of India, which deals with protection of life and personal liberty - No person shall be deprived of his life or personal liberty except according to procedure established by Law. In the matter of Rural Litigation and Entitlement Kendra Vs State of U.P. - the Hon’ble Supreme court held that the right to unpolluted environment and preservation and protection of nature’s gifts has also been conceded under Article 21 of the Constitution of India. The Constitutional provisions provide the bed-rock for the framing of environmental legislations in the country. Article 48-A of the Constitution deals with the Protection and Improvement of Environment and Safeguarding of Forests and Wildlife – The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. On the basis of the said provisions, the Environment (Protection) Act, 1986 and the Wild Life (Protection) Act, 1972 (as amended in 1986) have been enacted by the Parliament. Under Part IV-A of the Directive Principles of State Policy, Fundamental Duties have been added under Article 51-A by the 42^nd Amendment of the Constitution in 1976. Under Article 51-A(g) provides the Fundamental Duties with respect to the environment which includes - To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

The Environment related Laws enacted by the Parliament under Articles 252 and 253 of the Constitution of India. The Water (Prevention and Control of Pollution) Act, 1974 was promulgated as a Central Legislation under Article 252 of the Constitution. Since, the "water" is listed under the State list, a Resolution from two or more State Assemblies empowering the Parliament to enact the Legislation on the State List was required. The Water (Prevention and Control of Pollution) Act, 1974 became effective at the State level when it was adopted by the concerned State Assemblies. The Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 were promulgated under Article 253 of the Constitution of India, which empowered the Parliament to enact legislations on such matters as necessary for compliance of International Agreements in which India has been a party.

Since 1974, some of the major environmental enactments which have been passed by the Parliament are as follow:

• The Water (Prevention and Control of Pollution) Act, 1974: (6 of 1974)
• The Water(Prevention and Control of Pollution)Cess Act,1977:(36 of 1977)
• The Air (Prevention and Control of Pollution) Act, 1981: (14 of 1981)
• The Environment (Protection) Act, 1986: (29 of 1986)
• The Public Liability Insurance Act, 1991: (6 of 1991)
• The National Environment Tribunal Act, 1995: (27 of 1995)
• The National Environment Appellate Authority Act, 1997: (22 of 1997)

In addition to these Acts, several Rules have also been incorporated under the Environment (Protection) Act, 1986. These Acts and Rules are important guidelines to sort out the environmental problems. Some of the major Rules notified are:

• The Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organism Genetically Engineered or Cells Rules, 1989

• The Hazardous Wastes (Management and Handling) Rules, 1989

• The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989

• The Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996

• The Bio-Medical Waste (Management and Handling ) Rules, 1998
• The Recycled Plastics Manufacture and Usage Rules, 1999
• The Municipal Solid Wastes (Management and Handling) Rules, 2000
• The Noise Pollution (Regulation and Control) Rules, 2000
• The Ozone Depleting Substances (Regulation) Rules, 2000
• The Batteries (Management and Handling) Rules, 2001

The Constitution of India has basic features in respect of the power of judicial review by the Supreme Court. Under Part III of the Constitution, which guarantees fundamental rights to the people and under Part IV, the State is under obligation to implement the Directive Principles. Article 39-A of the Constitution provides "Right of Access to Courts" to the citizens. In exercise of its powers of judicial review, the Court enforces the constitutional and legal rights of the underprivileged by transforming the right to life under Article 21 of the Constitution and by interpretating the Articles 48-A and 51 A (g) of the Constitution. The Hon’ble Supreme Court of India has given a new dimension to the environmental jurisprudence in India with a view to meeting the problems in the environmental field.

The Public Interest Litigations (PIL) in India initiated by the Hon’ble Supreme Court emerged through human rights jurisprudence and environmental jurisprudence. PIL in Indian Law has been introduced by the Hon’ble judges. The traditional concept of Locus Standii is no longer a bar for the community oriented Public Interest Litigations. Though not an aggrieved party, environmentally conscious individuals, groups or NGOs may have access to the Supreme Court/High Courts by way of PIL. The Hon’ble Supreme Court while taking cognizance on the petitions has further relaxed the requirement of a formal writ to seek redressal before the Court. Any citizen can invoke the jurisdiction of the Court, especially in human rights and environmental matters even by writing a simple postcard.

According to Hon’ble Mr. Justice Kuldip Singh, Former Judge, Supreme Court of India - the Constitution of India is a living tree and is not a static document. The Courts have to interpret the Constitution keeping in view the needs of the present generation. Some of the leading public interest litigations are Taj Mahal case, Hazardous industries matter in Delhi, Vellore Citizen’s Welfare Forum case and Rural litigation and Entitlement Kendra case relating to lime stone queries in Dehradun. These cases have been discussed here.