Supreme Court Justice Declares Environmental Justice a Constitutional Mandate
In a powerful address at the Justice S B Sinha Memorial Lecture held at the National University of Study and Research in Law (NUSRL) in Ranchi, Supreme Court judge Justice B V Nagarathna made a compelling case that environmental justice transcends mere policy considerations and stands as a fundamental constitutional imperative. Speaking on the theme ‘Environmental Justice and Climate Change: How Courts Can Lead the Way Forward’, she articulated the judiciary's evolving and critical role in shaping robust environmental governance frameworks.
Courts Must Actively Respond to Ecological Challenges
Justice Nagarathna underscored that courts cannot remain passive observers in the face of mounting ecological crises. She asserted that the judiciary must proactively and decisively respond to environmental challenges through a principled and nuanced interpretation of the Constitution. This involves moving beyond traditional adjudication models to embrace a forward-looking, precautionary, and context-sensitive judicial approach, particularly in cases involving scientific uncertainty or the potential for irreversible environmental harm.
Foundations of Indian Environmental Jurisprudence
During her lecture, Justice Nagarathna elaborated on the robust development of Indian environmental jurisprudence, which is built upon several key legal principles:
- Sustainable Development: Balancing economic growth with ecological preservation.
- Precautionary Principle: Taking preventive action in the face of uncertain risks.
- Polluter Pays Principle: Holding those who cause pollution financially accountable.
- Public Trust Doctrine: Asserting that natural resources are held in trust for the public.
- Intergenerational Equity: Safeguarding the environment for future generations.
Linking Environmental and Social Justice
A significant portion of her address focused on the intrinsic link between environmental justice and social equity. Justice Nagarathna stressed that environmental degradation and climate change disproportionately impact poor and marginalized communities, exacerbating existing inequalities. She called for distributive fairness, arguing that environmental policies and judicial interventions must prioritize the protection of these vulnerable groups.
To achieve this, she advocated for greater judicial leadership, enhanced transparency in environmental governance, and the meaningful inclusion of public participation in decision-making processes that affect ecological health.
Chief Justice Sonak Echoes the Urgency
Echoing the gravity of the situation, Chief Justice of the Jharkhand High Court and NUSRL Chancellor, Justice M S Sonak, delivered a stark warning. He poignantly noted, “while human laws may provide for appeals, the laws of nature do not provide the same.” He cautioned against complacency, pointing to undeniable warning signs like glacial melting, rising sea levels, escalating greenhouse gas emissions, and growing food insecurity.
Emphasizing collective responsibility, Justice Sonak invoked the timeless wisdom of Mahatma Gandhi: “the Earth has enough for everyone’s need, but not for everyone’s greed.” He also highlighted the pivotal role of academic institutions like NUSRL in addressing environmental stability through dedicated research, education, and active policy engagement.
A Gathering of Legal Minds
The prestigious event was attended by a distinguished gathering, including High Court judges, faculty members, legal scholars, students, and other invitees. Vice-Chancellor Ashok R Patil formally welcomed the dignitaries to the campus, setting the stage for this critical discourse on the intersection of law, justice, and planetary health.
