Admissions Open
Admissions Open
No doubt that Indian constitution is largest and written constitution in the world. In Indian Constitution has certain specific provision for environmental protection. In 1950 the Indian constitution included some provisions for improvement in the quality of life , environment protection and improvement were explicitly incorporated into our Constitution by Forty-Second Amendment in 1976.Healthy environment is need for everyone. Before the Bhopal gas tragedy no any attention towards the environment protection but after the tragedy of Bhopal gas played as eye opener and the scholar, researcher, High court and Supreme Court and other person actively participated in the making effective policies for environment protection. The doctrines evolved by courts are a significant contribution to the environmental jurisprudence in India. Article 253 of the constitution of India indicates the procedure on how decisions made at international conventions and conferences are incorporated into the legal system. The formulation and application of the doctrines in the judicial process for environmental protection is remarkable milestone in the path of environmental law in India. In Shriram case, the petitioner M.C. Mehta, an activist advocate and social worker filed a PIL to seek the court’s orders to close and relocate the Shriram’scaustic chlorine and sulphuric acid plants, which was located in a densely populated area of Delhi. Shortly after Mehta filed the petition, oleum leaked from Shriram’s plant, resulted in death of one person and affected several others. Like this judiciary play an effective step towards the protection of environment. The Supreme Court currently extends the various legal provisions relating to protection of the environment. In M.C Mehta V. Union of India , a petition was filed under Article 32 of the constitution of India, seeking closure of a factory engaged in manufacturing of hazardous products. While the case was pending, oleum gas leaking out from the factory injured several persons. The significance of the case lies in its formulation of the general principle of liability of industries engaged in hazardous and inherently dangerous activity.