The Greening of the Court

Recent and past judgments by the apex court show that environmental matters are being taken up with the seriousness they deserve, with the top court acting on them decisively

- Devender Singh Aswal

IN June, 2021, when the Ministry of Environment, challenged the order of the National Green Tribunal (NGT) finding faults with a government notification of 2017 diluting effluent discharge norms for see wage treatment plants, the Supreme Court chastised the ministry, telling it to “act like a Ministry for Environment”. The apex court bemoaned the fact that environmental standards had been constantly diluted in the recent past and refused to grant a stay on the NGT order. In another landmark judgment passed on August 31, 2021, the Court refused to interfere with the judgment of the Allahabad High Court, directing the demolition of twin towers constructed by real estate major Supertech in Noida, in contravention of environmental and other building bye-laws.

The objective of environmental laws is basically to conserve, sustain and manage the environment so that life remains sustainable. The Constitution casts an obligation on the State to protect and improve the environment, to protect and improve the natural environment, including forests, wildlife, rivers, and lakes, and also have compassion for living creatures.

Prior to the 42nd Constitution Amendment, forests and wildlife were on the State List. With the enactment of the Amendment, the subject was included in the Concurrent List. Article 48A, a Directive Principle of State Policy, and Article 51A, both inserted by the 42nd Amendment, cast an obligation on the State as well as on citizens to endeavor to protect and improve the natural environment, water bodies and to safeguard forests and wildlife.