ABSTRACT

Since the emergence of the Chipko movement in the early 1970s, a number of environmental struggles in India have protested against the current use and management of natural resources in different parts of the country. These movements have employed a number of strategies ranging from public activism to knowledge-based activism to draw the attention of policy makers and the Indian judiciary. The increasing role of the Supreme Court of India in resolving environmental disputes has of late come to be recognised as an important feature of environmental governance in India. The reasons underlying this state of affairs appear varied and complex, however, one major factor seems to be the ineffective implementation of the laws concerned. This has prompted environmentalists as well as non-governmental organisations to approach the courts, particularly the higher judiciary, to seek suitable remedies. Interestingly, the judiciary has responded in a proactive manner to deal with these different environmental problems. The environmental judgments of the Indian Supreme Court, however, are not consistent and represent diverse environmental values as advocated by different environmental groups in the country. In this regard, it is worth discussing what kind of green approach the Indian Supreme Court supports and how its green approach has impacted environmental movements in India through a review of a series of environmental judgments of the Indian Supreme Court from 1980–2010.