Author: Prasenjeet Kumar, Student at Central University of South Bihar, Gaya
ABSTRACT
Environmental law provides various laws which are there to protect and prevent the environment. Although there are various legislations there are various precedents also for the development of environmental law. This article focuses on the work done by Hon’ble Justice Kuldip Singh for the development of environmental law. In this article, the deep analysis of the landmark judgment of the Hon’ble justice is done along with the interpretation done by Hon’ble Justice concerning the legislation. It is found in this article why Justice Kuldip Singh is called as green Judge in India. What is the role of Hon’ble Justice Kuldip Singh in the protection of the environment?
In this article, the analysis is done by the analysis of the cases like M C Mehta v. Kamal Nath, S. Jagannath v. Union of India, M.C. Mehta v. Union of India, Vellore Citizens’ welfare forum v. Union of India, and Indian Council For Enviro-Legal v. Union Of India. By going through these cases the question of whether the Supreme Court of India has expanded the scope of environmental rights is analyzed. This analysis helps in understanding the environmental jurisprudence in India.
It is hoped that the analysis under this study will help the reader, researcher, and practitioners in understanding the important principles laid down by the Hon’ble Justice such as the precautionary principle and the polluter pays principle. There remains no any confusion in the mind of the above people regarding the interpretation of the same.
Keywords: Environment, Judgment, Polluter Pays Principle, The Precautionary Principle.