ENVIRONMENTAL JUSTICE AND PUBLIC INTEREST LITIGATION IN INDIA: A CRITICAL LEGAL ANALYSIS

Environmental protection has emerged as one of the most pressing imperatives of contemporary
legal systems, and in India, Public Interest Litigation (PIL) has emerged as the principal judicial
mechanism for its enforcement. This article undertakes a critical legal analysis of the relationship
between environmental justice and PIL in India, examining how the judiciary—principally through a
transformative interpretation of Article 21 of the Constitution of India—has constitutionalised the right
to a clean and healthy environment. The article traces the doctrinal evolution of PIL from its origins in
social action litigation of the late 1970s to its present role as the primary vehicle of environmental
governance. It analyses the development and judicial application of three foundational principles of
Indian environmental jurisprudence—the polluter pays principle, the precautionary principle, and the
doctrine of sustainable development—through landmark decisions of the Supreme Court and High
Courts. The article further examines the structural challenges confronting PIL as an instrument of
environmental justice: the misuse of PIL for personal and political ends, the problem of judicial
overreach, delays in disposal, and the persistent implementation gap between judicial
pronouncements and administrative execution. A comparative analysis of public interest
environmental litigation in South Africa, the United States, the United Kingdom, and Australia is
undertaken to identify best practices and reform directions. The article concludes by proposing a
comprehensive agenda of judicial, legislative, and administrative reforms—including stricter
screening mechanisms, institutional capacity-building, and the expanded use of specialized
environmental tribunals—to secure the long-term efficacy of PIL as a guarantor of environmental
justice in India.
Keywords: Environmental justice, Public Interest Litigation, Article 21, right to clean environment,
polluter pays principle, precautionary principle, sustainable development, judicial activism, National
Green Tribunal, comparative environmental law, India