Environmental protection not merely technical mandate or administrative obligation, but a constitutional guarantee: SC Judge

Why in news

Justice R. Mahadevan of the Supreme Court stated that environmental protection is a constitutional right under Article 21 rather than a mere technical mandate or administrative obligation.

Background

Justice R. Mahadevan commended the National Green Tribunal (NGT) for upholding environmental rights and promoting systemic reform. The conference discussed environmental law enforcement, biodiversity conservation, and the Tamil Nadu green mission.

Facts for Prelims

• ConstitutionArticle 21: Right to life and personal liberty, interpreted to include environmental protection.
• BodyNational Green Tribunal (NGT): Body commended for upholding environmental rights and systemic reform.
• FactTamil Nadu green mission: A specific initiative highlighted for policy implementation.
• SchemeGreen Fellowship Programme: An initiative mentioned in the context of environmental policy implementation.

For Mains

Q. Discuss how the judiciary has expanded the scope of Article 21 to include environmental protection as a fundamental right.

Dimensions to cover in your answer

• Judicial activism: Expansion of Article 21 to encompass ecological integrity as a prerequisite for life
• Regulatory oversight: Role of the NGT in balancing industrial growth with biodiversity conservation mandates
• Policy-practice gap: Challenges in transitioning from environmental policy frameworks to ground-level implementation

Keywords: Constitutional Guarantee · Judicial Activism · Article 21 · Environmental Governance · Biodiversity Conservation

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