Gill, Gita (2019) Environmental Constitutionalism in India: Judicial Recognition and Application. In: Le constitutionnalisme environnemental: Quel impact sur les ordres juridiques ? Peter Lang, Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien. ISBN 9782807612440
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Abstract
The paper focuses on the manner and effectiveness of the Supreme Court of India in addressing the many environmental issues facing modern India. An account is presented of how the Indian senior judiciary adjudicates environmental constitutionalism through the ‘environmental care’ paradigm. It presents and analyses explicit and derivative environmental constitutionalism through judicial engagement with the directive principles of state policy, fundamental duty and right to a quality environment as a part of the fundamental right to life. The paper concludes by examining how the senior Indian judiciary has promoted environmental constitutionalism through the liberal use of Public Interest Litigation (PIL) and relaxed locus standi to access and achieve environmental justice and governance.
| Item Type: | Book Section |
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| Department: | Faculties > Business and Law > Northumbria Law School |
| Depositing User: | Becky Skoyles |
| Date Deposited: | 20 Jul 2021 13:28 |
| Last Modified: | 31 Jul 2021 10:05 |
| URI: | http://nrl.northumbria.ac.uk/id/eprint/33806 |
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