Sustainable Development, Precautionary Principle, Polluter Pay Principle, Public Trust Doctrine

 

1(a) Sustainable Development – A Brief Note

Definition and Meaning:

Sustainable Development refers to development that meets the needs of the present without compromising the ability of future generations to meet their own needs. This concept was first popularized in the Brundtland Report (1987) titled “Our Common Future.”

Key Elements:

1. Inter-generational equity – Fair use of resources across generations.
2. Intra-generational equity – Social equity within the present generation.
3. Environmental protection – Limiting ecological degradation.
4. Economic development – Balanced growth to reduce poverty and improve living standards.

Indian Judicial Recognition:

·        Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
The Supreme Court recognized sustainable development as an essential part of Indian environmental law and incorporated the “Precautionary Principle” and “Polluter Pays Principle” into domestic jurisprudence.

·        Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664
The Court observed that sustainable development does not mean no development at all but aims for a balance between ecology and economic development.

 

1(b) Critical Analysis of Sustainable Development Goals, 2024

Introduction to SDGs:

The Sustainable Development Goals (SDGs) are a set of 17 global goals adopted by all United Nations Member States in 2015 (Agenda 2030) and periodically updated. The 2024 update reflects emerging global crises, especially concerning climate change, technology, pandemics, and economic recovery.

Key Goals (SDG 2024 – Selected Highlights):

1.     Goal 13 – Climate Action:
Emphasizes drastic reduction in GHG emissions and adoption of clean energy.

2.     Goal 6 – Clean Water and Sanitation:
Focuses on water recycling and universal access to potable water.

3.     Goal 7 – Affordable and Clean Energy:
Calls for universal energy access and transition to renewables.

4.     Goal 12 – Responsible Consumption and Production:
Includes minimizing food waste and promoting sustainable supply chains.

Critical Evaluation:

·        Achievements:

• Brought environmental issues to global attention.
• Encouraged national policy integration (e.g., India’s NAPCC).
• Mobilized private sector and civil society involvement.

·        Challenges:

• Lack of legal enforceability – SDGs are not legally binding.
• Funding Gaps – Developing nations lack sufficient infrastructure.
• Over-reliance on voluntary national reviews (VNRs).
• Inequity in technological support – Developing nations struggle with tech transfer and innovation.

·        India’s Role in SDG Implementation:

• NITI Aayog monitors SDG progress through the SDG India Index.
• Schemes like Swachh Bharat Mission, UJALA, and Beti Bachao Beti Padhao contribute directly to SDG targets.

Conclusion:

While the SDGs represent a noble vision of inclusive growth and environmental stability, the 2024 update still reflects gaps in enforceability, accountability, and international cooperation—especially for developing nations like India.

 

Q.4: Discuss the Principles and Doctrines Evolved by the Supreme Court of India for the Protection of Environment

[Marks: 20]

 

Introduction:

The Supreme Court of India has played a proactive and activist role in environmental protection, especially in the absence of effective statutory implementation. Over time, the Court has evolved several environmental principles and doctrines, integrating them with the constitutional mandate under Article 21 (Right to Life), Article 48A (Directive Principles of State Policy), and Article 51A(g) (Fundamental Duty).

 

Key Principles and Doctrines Developed by the Supreme Court:

 

1. Polluter Pays Principle (PPP)

Essence:

This principle mandates that polluters must bear the cost of pollution and environmental degradation caused by them, including compensation and restoration of the environment.

Judicial Recognition:

·        ⚖ Indian Council for Enviro-Legal Action v. Union of India, (1996) 3 SCC 212
The Court held that chemical industries causing pollution must compensate the affected villagers and bear the cost of environmental restoration.

·        ⚖ Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
The Court made PPP an integral part of Indian environmental jurisprudence.

 

2. Precautionary Principle

Essence:

Where there is a threat of serious or irreversible environmental harm, lack of scientific certainty shall not be used as a reason to postpone measures to prevent environmental degradation.

Judicial Recognition:

·        ⚖ Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
The Supreme Court held that Precautionary Principle is a part of the law of the land.

·        ⚖ A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718
The Court elaborated on the relevance of this principle in decision-making involving environmental risks.

 

3. Public Trust Doctrine

Essence:

The State is the trustee of natural resources and is under a legal obligation to protect, preserve and not allow their exploitation for private interests.

Judicial Recognition:

·        ⚖ M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388
The Court applied this doctrine to prevent the encroachment of the Beas riverbed by a private hotel.

·        ⚖ Fomento Resorts and Hotels Ltd. v. Minguel Martins, (2009) 3 SCC 571
The Court emphasized that coastal land cannot be alienated for private profits.

 

4. Absolute Liability Principle

Essence:

Industries engaged in hazardous or inherently dangerous activities are absolutely liable to compensate for any harm caused, without any exceptions or defenses.

Judicial Recognition:

• ⚖ M.C. Mehta v. Union of India (Oleum Gas Leak Case), AIR 1987 SC 965
  The Supreme Court evolved the doctrine of absolute liability, going beyond the English doctrine of strict liability under Rylands v. Fletcher.

 

5. Sustainable Development

Essence:

Development must meet the needs of the present without compromising the needs of future generations, ensuring balance between economic growth and environmental protection.

Judicial Recognition:

·        ⚖ Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664
The Court accepted the necessity of the Sardar Sarovar Dam while emphasizing rehabilitation and ecological balance.

·        ⚖ T.N. Godavarman Thirumulpad v. Union of India, AIR 1997 SC 1228
The Court emphasized that sustainable development includes forest and wildlife conservation.

 

6. Doctrine of Intergenerational Equity

Essence:

The present generation holds the environment in trust for future generations and must use natural resources in a way that leaves them intact for posterity.

Judicial Recognition:

• ⚖ State of Himachal Pradesh v. Ganesh Wood Products, AIR 1996 SC 149
  The Court banned establishment of wood-based industries near forest areas, emphasizing long-term environmental preservation.

 

7. Doctrine of Proportionality

Essence:

Environmental restrictions must be proportional to the threat, balancing environmental needs with developmental rights.

Judicial Application:

• ⚖ T.N. Godavarman Thirumulpad v. Union of India, AIR 1997 SC 1228
  The Court balanced ecological concerns with economic needs and infrastructure projects, such as highways and electricity grids.

 

8. Principle of Natural Justice and Environmental Governance

Essence:

Environmental decisions must follow principles of fair hearing, reasoned decision-making, and transparency.

Judicial Recognition:

• ⚖ A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718
  The Court stressed the need for scientific and participatory environmental decision-making, invoking natural justice.

 

9. Integration of Environmental Rights with Article 21 (Right to Life)

Essence:

The right to life includes the right to a clean and healthy environment.

Key Cases:

·        ⚖ Subhash Kumar v. State of Bihar, AIR 1991 SC 420
Right to life includes right to pollution-free water and air.

·        ⚖ M.C. Mehta v. Union of India, multiple cases
The Court expanded Article 21 to encompass environmental protection, clean water, clean air, and sanitation.

 

Conclusion:

The Supreme Court of India has been a champion of environmental protection through its innovative and bold jurisprudence. By evolving these doctrines and principles, it has filled gaps in legislative and executive actions and has ensured that the right to a healthy environment is preserved for present and future generations. These doctrines now form the foundation of environmental governance in India and are frequently applied in environmental litigations, policy reviews, and administrative