Referring to the role of the Supreme Court in protecting the environment and ecology, CJI Surya Kant on Saturday described the apex court as the 'banyan tree' of environmental justice. He said that conservation and development are not opposed to each other, but it is important to maintain a balance between the two.
Environmental Justice: Chief Justice of India (CJI) Justice Surya Kant has made important comments regarding the balance between environmental protection and development. Describing the Supreme Court as the 'banyan tree' of environmental justice, he said that instead of seeing conservation and development as opposed to each other, there is a need to take both together. He said that the objective of the judicial process in matters related to environment should not be to stop development, but to take it forward with such conditions and accountability, which can also ensure the protection of ecology.
Justice Surya Kant said this at the inaugural session of the two-day international conference 'The Future of Environment and Climate Dynamics' organized by the National Green Tribunal (NGT) in New Delhi. The conference, held on 19 and 20 September, brought together scientists, environmental experts, policy makers and other stakeholders along with judicial representatives from various countries. According to the NGT, the objective of the conference is to deliberate at the international level on issues related to climate change, environmental governance, biodiversity, climate justice and sustainable development.
Environmental Protection from Constitution to Judicial Interpretation
CJI Surya Kant said that there are many provisions in the Indian Constitution to protect the environment, but the impact of constitutional provisions is strengthened by their interpretation and implementation. He described the role of the judiciary as an instrument that has contributed to the development of constitutional principles related to environmental protection into practical jurisprudence.
He explained the role of the Supreme Court with the metaphor of 'banyan'. According to him, its roots lie in India's civilizational nature-related thinking, while its branches are related to the protection of the rights of present and future generations. In this approach, environmental protection is linked not only to the needs of the present generation, but also to the interests of future generations.
Not development versus conservation, but a balance between the two.
Referring to the changing judicial thinking in environmental matters, the Chief Justice said that now the question is not only about which to choose between development and conservation. The challenge is how to create such a balance between the two, in which economic and social development is accompanied by protection of natural resources.
He also underlined that the impact of environmental damage is often not confined to a single project or limited area. In cases of climate change and ecological degradation, it is important to understand the widespread and cumulative impacts. For this reason, the role of scientific information and the broader ecological context is increasing in judicial review of environmental disputes.
Article 21 and the right to a clean environment
Article 21 of the Constitution has played an important role in the development of environmental jurisprudence in India. In various judgments of the Supreme Court, the rights related to clean and healthy environment have been included within the scope of interpretation of the right to life. Referring to this broader constitutional approach, CJI Surya Kant said that environmental damage is not just an issue affecting nature.
It can also impact human rights related to life, health, livelihood and equality. This relationship becomes more important in the context of climate change, as changing temperatures, extreme weather events and ecological changes can affect different sections of society differently.
Conditions and accountability required for projects
The CJI also emphasized the evolving balance in judicial concepts of environmental protection. What this means in practice is that while granting permission to a development project, adequate importance should be given to aspects like environmental impact assessment, expert monitoring, compensatory measures, restoration and accountability.
The objective of such a system is not to stop development activities altogether, but to control their environmental impacts and ensure corrective measures in case of damage.