Role of Public Interest Litigation (PIL) in Environmental Protection in India

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 Role of Public Interest Litigation (PIL) in Environmental Protection in India

By: Chandan Sha | Environmental Law Blog | June 2025


 Introduction

Public Interest Litigation (PIL) has emerged as a powerful judicial tool in India for ensuring environmental protection and sustainable development. Through PILs, individuals and organizations have invoked the jurisdiction of courts to safeguard the fundamental right to a clean and healthy environment. This blog explores the constitutional and legal framework that governs PILs in environmental matters, landmark judgments, and their transformative role in environmental governance.

 Constitutional and Legal Framework

 Constitutional Provisions

  • Article 21: Guarantees the right to life, which has been judicially interpreted to include the right to a healthy environment.
  • Article 48A (Directive Principles of State Policy): Mandates the State to protect and improve the environment.
  • Article 51A(g) (Fundamental Duties): Enjoins citizens to protect and improve the natural environment.

Key Environmental Legislations

  • The Water (Prevention and Control of Pollution) Act, 1974
  • The Air (Prevention and Control of Pollution) Act, 1981
  • The Environment (Protection) Act, 1986
  • The Forest (Conservation) Act, 1980
  • The Wildlife (Protection) Act, 1972

These laws empower statutory bodies like the Central and State Pollution Control Boards to monitor, regulate, and penalize polluters.

 What is Public Interest Litigation?

Public Interest Litigation (PIL) is a strategic legal tool that enables any individual or group to approach the court in matters where public interest is at stake, even if the petitioner is not directly affected.

In environmental cases, PIL allows concerned citizens and NGOs to challenge ecological destruction, pollution, and governmental inaction, thereby holding both public and private actors accountable.

Landmark Cases on PIL and Environment

1. M.C. Mehta v. Union of India (1986 onwards)

The Supreme Court directed conversion of commercial vehicles in Delhi to CNG mode to combat air pollution, stating air pollution violates Article 21.

2. Indian Council for Enviro-Legal Action v. Union of India (1996)

The Court imposed polluter pays principle on industries releasing toxic waste and held them liable for environmental degradation.

3. Vellore Citizens’ Welfare Forum v. Union of India (1996)

Recognized sustainable development, precautionary principle, and polluter pays principle as part of environmental law in India. Tanning industries were directed to pay compensation for river pollution.

4. Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn. (2000)

Ruled that noise pollution constitutes a violation of Article 21, and religious freedom cannot override environmental rights.

 Significance of PIL in Environmental Protection

Judicial Activism: PILs have led to proactive judicial involvement in enforcing environmental norms.
Awareness Generation: These cases generate public discourse on ecology and sustainability.
Enforcement Tool: PILs compel authorities to implement environmental laws and close legal gaps.
Checks on Industry: Courts have forced industries to adopt eco-friendly technology and curb hazardous emissions.
Community Empowerment: Marginalized communities have gained a platform to voice ecological grievances.

Challenges in PIL-Based Environmental Litigation

  • Frivolous Petitions: Misuse of PIL for personal or political gains.
  • Delayed Implementation: Judicial directions are not always followed with urgency by executive agencies.
  • Scientific Complexity: Courts may lack expertise to evaluate environmental science without expert assistance.

 Conclusion

Public Interest Litigation has revolutionized environmental jurisprudence in India by acting as a sentinel for ecological justice. It bridges the gap between environmental law on paper and action on the ground. Through PILs, the judiciary has successfully upheld citizens' right to a pollution-free environment and enforced governmental accountability.

As India faces rising ecological threats, the role of PIL remains critical in shaping a greener, sustainable future.


📌 Stay informed on more environmental law topics, case summaries, and legal tools with study on law hills!


🔗 References

  • M.C. Mehta v. Union of India, AIR 1987 SC 1086
  • Indian Council for Enviro-Legal Action v. Union of India, AIR 1996 SC 1446
  • Vellore Citizens’ Welfare Forum v. Union of India, AIR 1996 SC 2715
  • Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn., (2000) 7 SCC 282
  • The Environment (Protection) Act, 1986
  • Public Interest Litigation – Explained

🔖 Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.


🔖 About Study on Law Hills

By Chandan Sha
One-stop blog for law notes, moot memorials & legal updates

Study on Law Hills is a legal blog that simplifies Indian law for students and professionals. From Constitution to Criminal Law, it offers:

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🔗 Blog: studyonlawhills.blogspot.com
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