Strategic Litigation And public Interest Litigation (PIL)-Its Effect On Indian Environment Laws

Abstract – PIL and Strategic Litigation

PIL (Public interest litigation) and Strategic litigation are 21st century law mechanism , That have impacted the law making and redressal mechanism for issues in India and around the world. The PIL and Strategic litigation aid in addressing the Problems of recent time by questioning them in Honourable Courts, rather than relying solely on the the functionaries of government to take appropriate action against the problems which are to be addressed. PIL and Strategic litigation are the two tools which are used by the litigators and common people to bring out the problem of hour in notice of appropriate authority by taking the aid of courts in India and in world, this is a key changing step towards the modern laws and their enforcement.

Economic Context And Industrial Impact

India is the 4th largest economy of the world and and to achieve this spot major industries and factories have their active roles in the development of the nation and economy but these industries greatly impact the environment and other natural resources as the world is rapidly changing and so does our environment and its deteriorating at a greater pace then expected the changing problem are needed to be addressed as:

• Climate change
• Rising Temperature of earth
• Melting of Glaciers at an alarming rate
• Extreme Floods
• Deforestation
• Soil Erosion
• Floods etc.

Global Efforts And India’s Role

India lies in the south east Asia region and India suffers from the impact of climate change global warming deforestation and many more to deal with these problems many conventions and conferences are held around the world such as:

and India is a member of all these conferences and there are many legislation made In India for the enforcement of these conferences such as:

• Environment Act 1986
• Water Pollution Act
• Air Pollution Act
• And many more

and recently in 2010 NGT is Established in India for better redressal for these problems related to Environment Faced by India but in all these legislation formation active public litigation and strategic litigation have played active role such as in case M.c. Mehta V UOI TTC case 1996 a new guidelines for the industries around Taj Mahal were laid down to protect its marble from deterioration.

Impact Of PIL And Strategic Litigation

PIl and strategic litigation are the new key changing mechanism to address the problem related to environment and it had impacted greatly in legal fraternity and Day-to-Day laws.

Introduction to Strategic Litigation and PIL in India

Strategic litigation, also known as impact litigation in many parts of the world, takes the name of Public Interest Litigation (PIL) in India. It plays a key role in addressing the neglected needs of society by allowing concerned citizens to approach the court on behalf of disadvantaged groups. Through this mechanism, an individual can seek judicial intervention to draw attention to pressing social issues and obtain remedial relief from the concerned authorities.

Key Areas Impacted by Strategic Litigation

• Clarification of Laws: It broadly classifies laws into social laws and progressive litigation, helping to clarify and strengthen the interpretation of existing legal frameworks.
• Addressing Emerging Changes in Society: As societal needs evolve, legislation often lags behind. Strategic litigation has helped push for the expansion and responsiveness of PIL in India to meet these needs.
• Ensuring the Establishment of Laws: It has contributed to the broad expansion of legal horizons in India, ensuring that laws are effectively implemented.
• Changing Law Policy: It has been instrumental in reforming outdated laws into new and improved forms, allowing individuals to approach law enforcement mechanisms on behalf of society.

Position in India

Before and after India’s independence, the Indian society faced numerous daily challenges. Many individuals, particularly from marginalized communities, struggled due to economic limitations and social constraints, leading to the suppression of their voices—an obstacle to India’s progress.

Although India possesses a capable judicial and legislative system, both are often overburdened and sometimes unaware of specific societal needs. While the judiciary strives to address issues effectively, certain key areas remain underserved, resulting in ongoing public hardship.

Global Emergence of PIL

Globally, the trend of PIL originated in the United States in the late 1960s as a means to address the issues of marginalized groups. The concept did not emerge from any specific case but from the initiatives of public-spirited lawyers. The term “Public Interest Litigation” was coined by Abram Chayes.

A landmark U.S. Supreme Court case, Gideon v. Wainwright, emphasized the necessity of legal representation for underprivileged and marginalized individuals and mandated that the state provide attorneys to impoverished criminal defendants. This principle significantly influenced the development of PIL in India.

Emergence of PIL in India

The concept of PIL first appeared in India in the late 1970s. Justice Krishna Iyer planted the seeds for Public Interest Litigation in Mumbai Kamgar Sabha vs. Abdul Thai (1976). The first formal PIL case was Hussainara Khatoon v. State of Bihar, which addressed the inhumane conditions of prisoners awaiting trial. The case resulted in the release of over 40,000 prisoners awaiting trial.

Later, in S.P. Gupta v. Union of India, Justice P.N. Bhagwati initiated a new movement in PIL by expanding its scope. The Court emphasized that any member of society acting in good faith could invoke the writ jurisdiction of the court.

In another significant case, M.C. Mehta v. Union of India, a PIL was filed concerning the pollution of the Ganga River. The Supreme Court underscored the importance of PIL as a tool for environmental protection and societal welfare.

Factors Influencing the Growth of PIL in India

Several constitutional and judicial developments contributed to the growth of PIL in India, including:

Collectively, these factors strengthened the role of PIL as a transformative instrument of justice, ensuring access to the judiciary for all sections of society.

Contribution of PIL in Building Indian Judicial Temper

Significance of PIL

The significance of Public Interest Litigation (PIL) in India is profound, as it establishes the foundation for addressing critical issues and emerging concerns within the country, as exemplified in the case of Mumbai Kamagar Sabha vs. Abdul Thai. Justice Krishna Iyer introduced the concept of PIL in 1976, and the first documented case of PIL in India was the Hussainara Khatoon case, which underscored and expanded the scope of PIL in India, affirming the right to a speedy trial as a right under Article 21 of the Indian Constitution. The modern era of PIL in India was initiated by Justice P.N. Bhagwati, particularly in the case of The Union of India v. S.P. Gupta.

In this landmark ruling, it was determined that “any member of the public or social action group acting bonafide” could invoke the Supreme Court’s (Article 32) or the High Courts’ (Article 226) writ jurisdiction to seek redress for violations of legal or constitutional rights of individuals who are unable to access the Court for justice due to social, economic, or other disabilities. This significantly broadened the scope of PIL in India.

Key Components Responsible for the Development of PIL in India

Judicial Activism

The active role of pioneering judges in India toward the administration of justice enabled access to justice for marginalized communities and created a platform for people to approach the court and resolve issues. Justices P.N. Bhagwati and Krishna Iyer actively promoted the role of PIL in India by intervening in situations of injustice where the government failed to act, delivering benchmark decisions, and creating new forums and laws for better administration and addressing key societal issues.

Broadening the Horizon of Locus Standi

The judiciary broadened the traditional principle that only the aggrieved party could approach the court. This principle was relaxed, allowing any person to approach the court on behalf of another. This greatly impacted justice administration and led to the establishment of better precedents, aiding in efficient administration and addressing key social issues.

Broadening the Interpretation of Article 21

Article 21 has played an important role in broadening the scope of law. In M.C. Mehta v. Union of India (1992), the ambit of the right to life was expanded to include the right to clean air and a safe environment as integral parts of human life.

Focus on Social Justice

The recent trend of the judiciary has shifted from merely administering justice to addressing the social needs of society through judicial activism and PIL. This shift has greatly contributed to the development of laws that respond to societal needs and the better administration of justice.

Evolution of Environmental Laws in India

Evolution

The environment has been an integral part of Indian society since ancient times, with its roots in Vedic culture. The timeline of evolution is as follows:

Early Vedic Age (Before 19th Century)

Indian society relied heavily on nature’s resources. Religious texts such as the Vedas emphasized the preservation of forests, plants, nature, and animals. During the Mughal Empire, Emperor Akbar promoted tree plantation and afforestation, highlighting forest preservation, which laid the groundwork for modern environmental laws.

Colonial Era

During the colonial period, key laws were formulated for forest management and administration. However, these were primarily designed to exploit resources for colonial gain rather than genuine preservation.

Post-Independence

The Constitution of India provided guiding principles in the Directive Principles of State Policy (DPSP). Articles 48-A and 51-G mandated environmental protection and the duty of citizens to safeguard the natural environment.

Stockholm Conference, 1972

India’s participation in the Stockholm Conference marked a turning point in environmental awareness and legislation. It inspired the enactment of several key laws such as:

• Wildlife Protection Act, 1972: Protected wildlife and biodiversity.
• Water Act, 1974: Established Pollution Control Boards in every state.
• Environment (Protection) Act, 1986: Comprehensive law for environmental protection.

1980s – Strengthening Era

This period saw major environmental legislation and tragic events like the Bhopal Gas Tragedy, which led to increased environmental awareness and the development of strict environmental laws. The principle of absolute liability was established, guiding future environmental jurisprudence.

1990s – Judicial Activism & PIL Era

Judicial activism and the rise of PILs brought major reforms in Indian environmental laws. Landmark cases by M.C. Mehta (Ganga Pollution, Oleum Gas Leak, Taj Trapezium, etc.) established key principles such as the Polluter Pays Principle.

Another major development was the National Green Tribunal Act (1995, later 2010), which established a special court for environmental matters — the National Green Tribunal (NGT.

Recent Developments (2010–2025)

In recent years, the NGT and other environmental institutions have evolved, leading to the establishment of improved environmental frameworks and stronger enforcement mechanisms in India.

Impact of PIL on the Environment Laws in India

Expansion of Article 21

In recent years, Article 21 has greatly expanded in nature. A key development was witnessed in the landmark case of Subhash Kumar v. State of Bihar (1991), where the Right to Clean Water and Air was recognized as part of Article 21 by the Hon’ble Supreme Court of India. The Apex Court further recognized the Right to a Safe Environment and a Clean Surrounding, which was subsequently expanded in the following years through various judgments.

Judicial Creation of Environmental Principles

Key environmental principles in India have developed as a result of numerous landmark case laws. These principles have played a vital role in shaping environmental jurisprudence in India.

Landmark Cases in Indian History

• M.C. Mehta v. Union of India: This series of cases laid down multiple doctrines and established standards for laws relating to nature and wildlife. Prominent examples include the Ganga Pollution Case and the Taj Trapezium Case, among others.
• Indian Council for Enviro-Legal Action v. Union of India (1996): This case introduced the principle of Absolute Liability in environmental cases, ensuring strict accountability for pollution.
• T.N. Godavarman Thirumulpad v. Union of India: This case laid the foundation for forest monitoring and conservation, resulting in better implementation of forest laws in India.

Direct Impact on Environmental Governance

These landmark cases and judicial principles resulted in three major forms of monitoring and reform:

1. Judicial Monitoring: The Supreme Court and High Courts actively monitored environmental clean-up operations such as the Ganga Action Plan and efforts to reduce Yamuna Pollution.
2. Policy Influence: Court-driven reforms influenced Environmental Impact Assessment (EIA) processes, vehicular emission standards, and relocation of polluting industries. These efforts significantly contributed to pollution control and environmental awareness.
3. Accountability: Government agencies, municipalities, and industries became directly answerable to the judiciary for environmental lapses, leading to increased transparency and daily accountability in enforcement.

Empowerment of Citizens and Civil Society

Through the mechanism of Public Interest Litigation (PIL), citizens and civil society organizations have been empowered to approach courts directly. This empowerment has played a crucial role in strengthening environmental governance and advancing environmental justice in India.

Challenges and Limitations of PIL in Environmental Litigation

1. The Key Challenges in Enforcing and Implementation of Laws

   1. Judicial Overreach
      Judicial overreach results in conflict between the managing departments and the judiciary, as the judiciary tends to intervene in the law formulation and development of environmental laws in India.
   2. Implementation Gap
      The implementation gap remains a major problem for the Indian administration. Although many progressive laws have been formulated, their proper enforcement and execution are often lacking.
   3. Frivolous and Misused PIL
      Many PILs are filed as publicity stunts rather than addressing genuine problems. Some are driven by political motives or aimed at stalling development projects. Courts have cautioned against such misuse, as it diverts valuable judicial time and resources.
   4. Limited Scope for Public Participation
      Although PILs were meant to empower citizens, once a case reaches court, decision-making largely shifts to judges and lawyers. The affected public’s role diminishes, often leading to outcomes that impact society at large without broad participation.

Future of PIL in Indian Environmental Jurisprudence

1. Changing Future Trends

   Environmental PILs have traditionally focused on regional problems such as industrial discharge into waterways, vehicle pollution, and deforestation. Future trends, however, indicate a shift toward global environmental concerns, particularly climate change and its wide-ranging effects.

2. Strengthening Climate Governance

   To ensure India meets its international commitments under the Paris Agreement and its Net Zero ambitions, PILs are expected to play a crucial role. Citizens and civil society organizations are likely to use PILs to petition courts for stronger climate legislation, transparent climate finance, and effective adaptation strategies.

3. Expansion of Article 21

   The Indian courts have continuously enlarged the scope of Article 21, and it is expected that upcoming PILs will further reinforce this development. This expansion will contribute to better administration of environmental laws and protection of fundamental rights.

4. Strengthening Key Institutions

   Emerging PILs may focus on enhancing institutional frameworks for environmental protection. The National Green Tribunal (NGT) is anticipated to assume a greater role, with the judiciary potentially mandating expanded authority, dedicated benches, and more effective enforcement mechanisms.

Conclusion

India has made significant progress in developing environmental laws, with PILs contributing greatly to this evolution. Principles such as the Polluter Pays Principle and the Public Trust Doctrine have been instrumental in shaping environmental jurisprudence.

In the future, it is hoped that climate jurisprudence will move toward climate-centered litigation, greater reliance on technology, and an expansion of rights based on environmental protection. However, challenges persist, and India still has a long way to go.

• Rapid climate change necessitates swift legal responses.
• Awareness programs by the Central and State Governments are essential.
• Precautionary measures must be strengthened to protect the environment.
• Judicial systems should broaden their horizons and adopt faster mechanisms for resolving environmental disputes.
• Efforts must focus on creating a sustainable and protected future for upcoming generations.

References

Cases:

• Ridhima Pandey v. Union of India — The Supreme Court issued a notice regarding climate action and emissions regulations.
• Vanashakti v. Union of India — The Supreme Court annulled specific notifications that permitted retrospective environmental clearance for development initiatives.
• Vedanta Ltd v. State of Tamil Nadu — The ruling concerning the shutdown of a polluting industrial facility (Tuticorin) has been significant in evaluating environmental litigation and human welfare.
• Orissa Mining Corporation v. Ministry of Environment & Forest & Others (2013) — This case addressed the Forest Rights Act and the rights of tribal/local communities as represented by the Gram Sabha; it is a significant case regarding participatory rights and environmental issues.

Articles & Journals:

• “Challenges in Implementing Environmental Laws and Policies in India” by S. Sundar — explores implementation gaps, institutional bottlenecks, etc. CWE Journal
• “Environmental Law Principles in India” — survey of major principles (polluter pays, precautionary, etc.), their origin and how they apply in India.

Online Source:

• https://ijirl.com/wp-content/uploads/2024/11/THE-ROLE-OF-ENVIRONMENTAL-LAW-IN-THE-PROTECTION-OF-THE-ENVIRONMENT-IN-THE-INDIAN-CONTEXT.pdf