ENVIRONMENTAL JUSTICE AND PUBLIC INTEREST LITIGATION IN INDIA: A CRITICAL LEGAL ANALYSIS

AUTHOR – A. UDHAYAKUMAR* & AJAY KRISHNA S P**

* STUDENT AT VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES (VISTAS)

** ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY AND ADVANCED STUDIES (VISTAS)

BEST CITATION – A. UDHAYAKUMAR & AJAY KRISHNA S P A,ENVIRONMENTAL JUSTICE AND PUBLIC INTEREST LITIGATION IN INDIA: A CRITICAL LEGAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 09-18, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Environmental protection has emerged as one of the most pressing imperatives of contemporary legal systems, and in India, Public Interest Litigation (PIL) has emerged as the principal judicial mechanism for its enforcement. This article undertakes a critical legal analysis of the relationship between environmental justice and PIL in India, examining how the judiciary—principally through a transformative interpretation of Article 21 of the Constitution of India—has constitutionalised the right to a clean and healthy environment. The article traces the doctrinal evolution of PIL from its origins in social action litigation of the late 1970s to its present role as the primary vehicle of environmental governance. It analyses the development and judicial application of three foundational principles of Indian environmental jurisprudence—the polluter pays principle, the precautionary principle, and the doctrine of sustainable development—through landmark decisions of the Supreme Court and High Courts. The article further examines the structural challenges confronting PIL as an instrument of environmental justice: the misuse of PIL for personal and political ends, the problem of judicial overreach, delays in disposal, and the persistent implementation gap between judicial pronouncements and administrative execution. A comparative analysis of public interest environmental litigation in South Africa, the United States, the United Kingdom, and Australia is undertaken to identify best practices and reform directions. The article concludes by proposing a comprehensive agenda of judicial, legislative, and administrative reforms—including stricter screening mechanisms, institutional capacity-building, and the expanded use of specialized environmental tribunals—to secure the long-term efficacy of PIL as a guarantor of environmental justice in India.

Keywords: Environmental justice, Public Interest Litigation, Article 21, right to clean environment, polluter pays principle, precautionary principle, sustainable development, judicial activism, National Green Tribunal, comparative environmental law, India