Environmental law

Project topic:
Judicial Activism and Environment

Submitted By:
Abhishek Singh
Roll no. 1606
4 Year, 7 Semester, B.B.A.,LL.B.(Hons.)
th th

Submitted To:
Mr. Hrishikesh Manu
Faculty of Environmental Law

Chanakya National Law University, Patna

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 TABLE OF CONTENTS

Acknowledgement .......................................................................................... 3
1. Introduction .......................................................................................... 4
Research methodology ..................................................................................... 5
Aims and objective .......................................................................................... 5
Hypothesis........................................................................................................ 5
Source of data… .............................................................................................. 5
Type of study ................................................................................................... 5
2. Judicial Activism ................................................................................... 6
3. Judicial Activism in Environmental Law .............................................. 8
4. Article 21 and Environmental Law....................................................... 10
5. Role of PIL ........................................................................................... 13
6. Conclusions .......................................................................................... 16

Bibliography ................................................................................................... 18

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 ACKNOWLEDGEMENT

It’s a fact that any research work prepared, compiled or formulated in isolation
is inexplicable to an extent. This research work, although prepared by me, is a
culmination of efforts of a lot of people.
Firstly, I would like to thank our teacher for the subject of Environmental Law,
MR. HRISHIKESH MANU (Sir) for assisting me with his prudence in
accomplishment of this work which relates to environmental law. I would like to
thank him for his valuable suggestions towards the making of this project.
Thereafter, I would also like to express my gratitude towards our seniors who
played a vital role in the compilation of this project work.
I cannot ignore the contributions made by my classmates and friends towards the
completion of this project work. And I would also like to express my gratitude
towards the library staff of my college which assisted me in acquiring the sources
necessary for the compilation of my project.
Last, but not the least, I would like to thank the Almighty for obvious reasons.

-Abhishek Singh

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 CHAPTER-1
INTRODUCTION
In recent years the Indian judiciary has occupied an important position in the nation’s
politics. The courts have made their mark on all the important issues, whether its politics,
waste management, clean air, education policy or administrative matters. According to
Mehta, the court has been recognized as one of the world’s most powerful judicial bodies
whose judges play an unprecedented governing role. Mehta emphasized this fact by coating
words of one of the leading Indian legal scholars Upendra Baxi. As chemotherapy is a
treatment for a carcinogenic body, similarly judicial activism is a dire cure for a drastic
disorder called politics. But there are other critics who opposed the judiciary’s rise.
Ramachandran has observed that the basic structure doctrine has meant unelected judges
have assumed vast political power not given to them by the constitution. Nevertheless, the
use of judicial power to ensure that the state rightly does its job is one of the means to make
governments accountable. The judicial activism can mean many things: interpretation of
legislation, the creation of a new law or the exercise of policy by extensive judicial review
of executive action. The revolutionary decisions of few liberal judges took up the task of
developing mechanisms for having a check on environmental and human rights violation
through judicial activism. The court’s contribution in the form of public interest litigation
(PIL) helped in bringing social economic justice, and attracted attention of not only Indian
but foreign scholars around the world as well. The discourse on India’s inventive and active
judiciary has considerably evolved during the past few decades. The court has taken
significant measures, for example, shifting tanneries from Kolkata and Kanpur in order to
save river Ganges, forcing commercial vehicles to convert to Compressed Natural Gas
(CNG) and shifting polluting industries out of Delhi to improve air quality of the city. The
paper examines the effectiveness of judicial activism in bringing about the social
transformation. The discussions on the activist nature of a decision usually begin, and end,
with whether the judgment is able to transcend the judicial boundaries and enter the field
of the execution or the legislature. Unless the decision of the court is executed and properly
implemented its effectiveness is questionable. It is pertinent to mention that the corpus of
environmental jurisprudence provides that the implementation of any law or policy starts
with the concerned citizens who are ready to follow them from their heart. According to
Judge Hand people rest too much hopes upon constitutions, laws, and courts. According to
him, these are false hopes as liberty lies in the hearts of men and women; when it dies there,

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 no constitution, no law, no court can save it; no constitution, no law, no court can even do
much to help it.

RESEARCH METHODOLOGY:

The type of methodology used in research is basically the doctrinal form of research for
which the researcher had gone through various articles related to judicial activism and
books related to environmental law. However the most helpful aid has been the online
materials.
AIMS AND OBJECTIVES:

The project aims at knowing the role of judiciary in environmental matters.

HYPOTHESIS:
The researcher is of the belief that judicial activism played significant role in curbing the
environmental pollution and its impact on human life and nature.

Sources of Data:
The whole project will be made with the use of secondary source. The following secondary
sources of data will be used in the project-
1. Books.

2. Websites.

Type of Study:

For this topic, the researcher has opted for Descriptive and Explanatory type of study as in this
topic, the researcher will be providing the descriptions of the existing facts.

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 CHAPTER-2
JUDICIAL ACTIVISM

It is very difficult to trace the origin of judicial activism in India. Since the judiciary has come
to be recognized as an independent and separate organ of the Government under the
Government of India Act, 1935 and subse1uently under the Constitution of India, it would be
prudent to scan the period subsequent to 1935 for tracing the origin. However, there are a few
instances even prior to that period, where certain selected judges of High Courts established
under the Indian High Courts Act, 1861 exhibited certain flashes of judicial activism. Way
back in 1893, Justice Mahmood of the Allahabad High Court delivered a dissenting judgment
which sowed the seed for judicial activism in India. In that case which dealt with an under trial
who could not afford to engage a lawyer, Justice Mahmood held that the pre-condition of the
case being ―heard would be fulfilled only when somebody speaks.1

The concept of judicial activism can be seen to be reflecting from the trends exemplified by
some decisions and orders of the Supreme Court. They are as under:

1. The judiciary since 1973 claims the power to nullify on substantive grounds; even an
amendment made to the constitution by the amending body if it changes ―the basic
structure or framework of the Constitution‖. This concept of judicial control over the
constitution has been evolved by and known to courts in India only.2
2. The undoubted privileges of the Legislature even in respect of their internal
proceedings have been brought under the purview of judicial review.
3. Power of Judicial review as exercised by the Supreme Court and the High Courts has
been recognized by those courts to be an unalterable ―basic structure of the
Constitutional.3

1
Balkrishna,Ref. to the Article, When seed for Judicial Activism was sowed, ―The Hindustan Times‖ (New
Delhi ) dated 01-04-96, p.9.
2
Keshavanad Bharti v. State of Kerala AIR 1973 SC 1463
3
In Indira Nehru Gandhi v. Raj Narain, (1975) SCC Supp. 1, Kihota Hollohon v. Zachillu L. (AIR 1993 SC
412) Chandra Kumar v. Union of India (1997, SC) AIR 1997 SC 1125.

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The concept of state for the purpose of enforcement of fundamental rights has been widened
by successive judgments of the Supreme Court so as to include all public, quasi-public
authorities.

4. The courts have broadened the scope of ―Locus Standii in the Public Interest
Litigation matters, in the early eighties.
5. The Supreme Court has often resorted to judicial legislation by virtue of its powers
under Article 141 to fill the void created by the so-called legislative vacuum.4

A thorough analysis of the above list of examples of judicial assertiveness (behaviour) makes
it amply clear that it would be very difficult to trace the origin of judicial activism in
Independent India. A perusal of the catena of decisions rendered by the Indian judiciary after
1950 especially by the Supreme Court compels any researcher to believe that there have been
flashes of judicial activism before the 1980‘s. However, there has been no uniformity in all the
areas and jurisdictions of the Supreme Court, in exercise of a greater judicial power. The
amount of activism varied in different areas like interpreting the constitution, guarding the
fundamental rights of the citizens, expansion of scope of ―Locus Standi‖ in Public Interest
Litigation, Omni presence of judicial review, expansion of horizons of Article 21, and
construction of certain directive principles as fundamental rights, and so on.

At the outset, it has to be stated that there is no precise definition of judicial activism accepted
by one and all. However, there is a widely accepted notion that it is related to problems and
processes of political development of a country. In other words, judicial activism deals with
the political role played by the judiciary, like the other two branches of the State viz, the
legislature and the executive.

An eminent Indian jurist defines judicial activism in the following words:

(Judicial) Activism is that way of exercising judicial power which seeks fundamental re-
codification of power relations among the dominant institutions of State, manned by members
of the ruling classes.5

4
Vishaka v. State of Rajashan (1997) 6 SCC 241.
5
Upendra Baxi, Courage Craft and Contention -The Indian Supreme Court in the Eighties (Bombay : 1985)
P.10

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 CHAPTER-3

JUDICIAL ACTIVISM IN ENVIRONMENT

India, like most developing countries, is faced with the daunting challenge of developing itself
rapidly, while at the same time preserving and protecting its environment. Major environmental
problems have resulted in India from the use (and more often the misuse) of its natural resource
base. Legislative and regulatory responses to environmental problems have been adopted in
India-especially in the wake of the Bhopal tragedy which is clearly the world's worst industrial
disaster. But the judicial approaches to environmental problems which have also followed,
have been especially interesting in India for a variety of reasons, which are relevant to the
challenges facing courts today, in developing and developed countries alike.6 Since 1972, India
has carefully crafted an extensive body of environmental jurisprudence. Through the work of
legislature, along with the judiciary, the importance of environmental protection is being
considered in all aspects of the law. The judiciary in particular has been extremely active in
developing this ideal. By declaring a fundamental right to a healthy environment and
liberalizing locus standi requirements, the judiciary has become active and influential in this
developing country.The increasing intervention of Court in environmental governance,
however, is being seen as a part of the pro-active role of the Supreme Court in the form of
continual creation of successive strategies to uphold rule of law, enforce fundamental rights of
the citizens and constitutional propriety aimed at the protection and improvement of
environment. Unlike other litigations, the frequency and different types of orders/directions
passed periodically by the Supreme Court in environmental litigation and its continuous
engagement with environmental issues has evolved a series of innovative methods7 in
environmental jurisprudence. A number of distinctive innovative methods are identifiable, each
of which is novel and in some cases contrary to the traditional legalistic understanding of the
judicial function. These innovative methods, for instance, include entertaining petitions on
behalf of the affected party and inanimate objects, taking suo motu action against the polluter,
expanding the sphere of litigation, expanding the meaning of existing Constitutional
provisions, applying international environmental principles to domestic environmental
problems, appointing expert committee to give inputs and monitoring implementation of

6
Dias. Ayesha. ,Judicial Activism in Development and Enforcement of environmental Law: Some Comparative
Insights from The Indian Experience. (6 J. Envtl. L. 1994, p 243)
7
Ramesh. M. K, ‘Environmental Justice: Courts and Beyond’, 3(1) Indian Journal of Environmental law 20
(2002).)

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judicial decisions, making spot visit to assess the environmental problem at the ground level,
appointing amicus curiae to speak on behalf of the environment, and encouraging petitioners
and lawyers to draw the attention of Court about environmental problems through cash award.
It is important to note that these judicial innovations have become part of the larger Indian
jurisprudence ever since the Court has started intervening in the affairs of executive in the post-
emergency period. The innovative methods initiated in resolving environmental litigation,
however, have been almost entirely dominating the environmental jurisprudence process for
more than the last twenty years.8

In the past thirty years, the government of India has developed a comprehensive structure of
policies for environmental protection and assessment of environmental impacts. Moreover,
India has incorporated constitutional guarantees for the protection of the environment. Most
significantly, the environmentally sympathetic stance of India’s judiciary has created
innovative procedural remedies even where they are not provided for under existing legislation.
In its interpretation of cases, India’s judiciary has expanded the role of the courts, in its
commitment to rectify perceived problems within other branches of the government. This
expanded role of courts has earned the name of Judicial Activism in India.

8
Sahu, Geetanjoy, Implications of Indian Supreme Court’s Innovations for Environmental Jurisprudence, at
http://www.ecoinsee.org/fbconf/sub%20G/geetanjoy.pdf

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 CHAPTER-4

ARTICL 21 AND ENVIRONMENTAL LAW

Article 21 and Right to Pollution free environment: The second major development has been
the jurisprudence arising from certain remarkable judicial pronouncements in recent years,
more specially relating to Article 21 of the Constitution dealing with ‘the right to life’. If one
is asked which is the most important of all the articles in the Indian Constitution, one can only
say - Article 21, which says no persons shall be deprived of his life and liberty – which is the
guiding light of India. All the other articles are subservient to this. In other words, all articles
have been formulated for keeping up this theme song of the Indian Constitution — 'life and
liberty' — no person - not just a citizen — no person in India shall be deprived of life and
liberty. It is not included as a mere platitude because over the years this article, which was a
throbbing article, which was the most dynamic of all articles gathered flesh and with the help
of Article 21 - the life and liberty of individuals are protected”.9 Article 21 is the celebrity
provision of the Indian Constitution and occupies a unique place as a fundamental right for the
people of India. It protects the life and personal liberty. It envisages and aims that no person
shall be deprived of his life or personal liberty except to a procedure established by law. Here,
right to life includes right to health, right to food, right to pollution free environment, etc. In
simple words, Article 21 provides an inbuilt guarantee to a person for right to live with human
dignity.
Article 21 of the Indian Constitution states: ‘No person shall be deprived of his life or personal
liberty except according to procedures established by law.’ Article 21 is the heart of all other
fundamental rights. Article 21 has very expansive scope and has immense content into of with
lesser words. Law is never still, it is ever evolving and ever changing accordingly to meet the
challenges of time. Therefore, constitution provisions, especially fundamental rights and in
particular Article 21 has been broadly construed by the judiciary. The court attempted to
expand the reach and ambit of Article 21 rather than accentuate their meaning and content by
judicial construction. Thus the judiciary broadened the concept of life, extended the scope of
personal liberty so as to include within itself all the varieties of rights which go to making the
personal liberties of man. Basic principles were compiled to understand procedure established
by law. The judiciary has resolved most of the environmental cases where they considered right

9
The address of Justice Shri. K T Thomas (former judge of supreme court of India) on the inauguration of the
Asian Human Rights Council in 1998, in New Delhi.

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to good environment as fundamental for life and upheld as fundamental right. Thus we can
consider Article 21 as mandate for life saving environment. This article focuses on some of the
landmark cases that have a bearing on the person’s right to life and right to pollution free
environment.
The constitution makers themselves construct the fundamental rights in its broad sense
especially to right to life. The Supreme Court of India has given essence to the right so that
every person can enjoy life to its fullest extent. The Indian Supreme Court came out of the
shackles of mechanical and rule bound justice and provided impetus to the expanded horizons
of the fundamental right to life and personal liberty guaranteed in Article 21. Two methods are
used by Supreme Court to strengthen Article 21 and to interpret unenumerated rights under
Article 21, it required laws affecting personal liberty to pass the tests of Article 14 and 19 of
the constitution, thereby ensuring that the procedure depriving a person of his or her personal
liberty be reasonable, fair and just. The court recognized several matriculated rights that were
implied by Article 21. It is by this method the Supreme Court interpreted the right to life and
personal liberty to include the right to wholesome environment and all other rights. Thus Courts
have undertaken to explicate the development of ideology of environment as being part of the
right to life by various judicial pronouncements.

The judicial craftsmanship attempted to expand the reach and ambit of Article 21 rather than
accentuate their meaning and content by judicial construction. Thus the judiciary broadened
the concept of life. Thus extended the scope of personal liberty so as to include within itself all
the varieties of rights which go to make the personal liberties of man. Right to life extended its
scope to include right to wholesome environment and right to sustainable development. Indian
democracy wedded to rule of law aims not only to protect fundamental rights of its citizens but
also to establish an egalitarian order. Law being an instrument of social engineering obliges
the judiciary to carry out the process established by it.

Environmental deterioration could eventually endanger life of present and future generations.
Therefore, the right to life has been used in a diversified manner in India. It includes, inter alia,
the right to survive as a species, quality of life, the right to live with dignity, right to good
environment and the right to livelihood. In India, these rights have been implicitly recognized
as constitutional rights. The right to healthy environment has been incorporated, directly or
indirectly, into the judgments of the court. Thus it is clear that article 21 has a multidimensional
interpretation. Any arbitrary, whimsical and fanciful act on the part of any state, depriving the
life or personal liberty would be against Article 21 of the Indian constitution.

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Judicial Interpretation to Right to Life and Environment: The right to healthy environment has
been incorporated, directly or indirectly, into the judgments of the court. Link between
environmental quality and the right to life was first addressed by a constitutional bench of the
Supreme Court in the Charan Lal Sahu Case10 In 1991, the Supreme Court interpreted the right
to life guaranteed by article 21 of the Constitution to include the right to a wholesome
environment.
It was a public interest petition and the court made several directions towards the Ministry of
Environment and Forests. Decisions such as this indicate a new trend of the Supreme Court to
fashion novel remedies to reach a given result, although these new remedies seem to encroach
on the domain of the executive.11

In Shanti Star Builders vs. Narayan Totame12, the Supreme Court held that right to life is
guaranteed in a civilized society would take within its sweep the right to food, the right to
clothing, the right to decent environment and a reasonable accommodation to live in.
In Subhash Kumar vs. State. of Bihar13-, the Supreme Court held that right to life is a
fundamental right under Art. 21 of the Constitution and it include the right to enjoyment of
pollution free water and air for full enjoyment of life. If anything endangers or impairs that
quality of life in derogation of laws a citizen has recourse to Art.32 of the Constitution for
removing the pollution of water or air which may be detrimental to life.

In M. C. Mehta vs. Union of India14 (the Oleum Gas Leak case), the Supreme Court
established a new concept of managerial liability – ‘absolute and non-delegable’ – for disasters
arising from the storage of or use of hazardous materials from their factories. The enterprise
must ensure that no harm results to anyone irrespective of the fact that it was negligent or not.

10
Subhash Kumar v. State of Bihar (AIR 1991 SC 420/ 1991 (1) SCC 598.
11
Armin Rosencrantz et al, in ‘Region/country report: South Asia: India’ (1993) Yearbook of International
Environmental Law, vol. 4. 415-419.
12
1990(1) SCC 520
13
(1991) 1 SCC 598
14
1987 SCR (I) 819

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 CHAPTER-5

ROLE OF PIL

Public Interest Litigation: The term "Public Interest" means the larger interests of the public,
general welfare and interest of the masses15 and the word “Litigation” means "a legal action
including all proceedings therein, initiated in a court of law with the purpose of enforcing a
right or seeking a remedy." Thus, the expression `Public Interest Litigation' means "any
litigation conducted for the benefit of public or for removal of some public grievance." In
simple words, public interest litigation means. Any public spirited citizen can move/approach
the court for the public cause (or public interest or public welfare) by filing a petition in the
Supreme Court under Art.32 of the Constitution or in the High Court under Art.226 of the
Constitution or before the Court of Magistrate under Sec. 133 of the Code of Criminal
Procedure, 1973.

At the time of independence, court procedure was drawn from the Anglo-Saxon system of
jurisprudence. The bulk of citizens were unaware of their legal rights and much less in a
position to assert them. And as a result, there was hardly any link between the rights guaranteed
by the Constitution of Indian Union and the laws made by the legislature on the one hand and
the vast majority of illiterate citizens on the other. However, this scenario gradually changed
when the post emergency Supreme Court tackled the problem of access to justice by people
through radical changes and alterations made in the requirements of locus standi and of party
aggrieved. Prior to 1980s, only the aggrieved party could personally knock the doors of justice
and seek remedy for his grievance and any other person who was not personally affected could
not knock the doors of justice as a proxy for the victim or the aggrieved party. Public Interest
Litigation as it has developed in in recent years marks a significant departure from traditional
judicial proceedings. The court is now seen as an institution not only reaching out to provide
relief to citizens but even venturing into formulation policy which the state must follow.

The splendid efforts of Justice P N Bhagwati and Justice V R Krishna Iyer were instrumental
of this juristic revolution of eighties to convert the apex court of India into a Supreme Court
for all Indians.

Public Interest Litigation (PIL) has been an invaluable innovative judicial remedy. It has
translated the rhetoric of fundamental rights into living reality for at least some segments of

15
Oxford English Dictionary 2nd Edn. Vol. XII

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our exploited and downtrodden humanity. Under trial prisoners languishing in jails for
inordinately long periods, inmates of asylums and care-homes living in sub-human conditions,
children working in hazardous occupations and similar disadvantaged sections.

The Indian judiciary adopted the technique of public interest litigation for the cause of
environmental protection in many cases. The Supreme Court & High Courts shaded the
inhibitions against refusing strangers to present the petitions on behalf of poor and ignorant
individuals. The basic ideology behind adopting PIL is that access to justice ought not to be
denied to the needy for the lack of knowledge or finances. In PIL a public spirited individual
or organization can maintain petition on behalf of poor & ignorant individuals. In the area of
environmental protection, PIL has proved to be an effective tool. In Rural Litigation and
Entitlement Kendra vs. State of U.P.16 the Supreme Court prohibited continuance of mining
operations terming it to be adversely affecting the environment.

In Indian Council for Enviro-Legal Action vs. Union of India 17, the Supreme Court cautioned
the industries discharging inherently dangerous Oleum and H acid. The court held that such
type of pollution infringes right to wholesome environment and ultimately right to life.

In another case M.C. Mehta vs. Union of India 18 the Supreme Court held that air pollution in
Delhi caused by vehicular emissions violates right to life under Art. 21 and directed all
commercial vehicles operating in Delhi to switch to CNG fuel mode for safeguarding health of
the people.

In Church of God (Full Gospel )in India vs. KKR Majestic Colony Welfare Association19 the
Supreme Court observed that noise pollution amounts to violation of Art.21 of the Constitution.

In landmark case Vellore Citizens' Welfare Forum vs. Union of India20 the Supreme Court
allowed standing to a public spirited social organization for protecting the health of residents
of Vellore. In this case the tanneries situated around river Palar in Vellore (T.N.) were found
discharging toxic chemicals in the river, thereby jeopardizing the health of the residents. The
Court asked the tanneries to close their business.

16
AIR 1985 SC 652
17
AIR 1996 SC 1446
18
AIR 2001 SC 1948
19
AIR 2000 SC 2773
20
AIR 1996 SC 2715

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In this manner, our judiciary has used the tool of PIL quite effectively for the cause of
environmental protection. But the judiciary has shown wisdom in denying false petitions
seeking to advance private interests through PIL as evident from the decision of the Supreme
Court in Subhash Kumar vs. State of Bihar21. Hence, PIL has proved to be a great weapon in
the hands of higher courts for protection of environment & our judiciary has certainly utilized
this weapon of PIL in best possible manner.

21
AIR 1991 SC 420

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 CHAPTER-6

CONCLUSION

Thus, after the analysis of above cases, we find that, the Supreme Court is, at the present time,
stretching the different legal provisions for environmental protection. In this way, the judiciary
tries to fill in the gaps where there is laciness of the legislation. These new innovations and
developments in India by the judicial activism open the numerous approaches to help the
country. In India, the courts are extremely cognizant and cautious about the special nature of
environmental rights, considering that the loss of natural resources can’t be renewed. There are
some recommendations which need to be considered.

Public Awareness:

In India, media is the fourth pillar of the popular government. It plays an exceptionally essential
and compelling part in the general improvement of the country. The effect of media can be
seen in the different trials directed by it just by publishing them in their media. Accordingly,
the issue of environmental pollution can be checked by making mindfulness in the general
population, in which media’s part is extremely critical. The compelling agency of
correspondence not just influences the mind of the individuals but is also capable of developing
thoughts and desirable attitudes of the people for protecting environment.

Regular Inspection:

There is a requirement for a standard review apparatus, which can inspect and examine
periodically every one of those exercises which are threatening the environment. This would
be a successful step towards environment protection, since prevention is better than cure.

Environmental Education:

There is no means for any law, unless it’s an effective and successful implementation, and for
effective implementation, public awareness is a crucial condition. Therefore, it is essential that
there ought to be proper awareness. This contention is additionally maintained by the Apex
Court in the instance of M.C. Mehta v. Union of India. In this case, Court directed the Union
Government was obliged to issue directions to all the State governments and the union
territories to enforce through authorities as a condition for license on all cinema halls, to
obligatory display free of expense no less than two slides/messages on environment amid each
show. Moreover, Law Commission of India in its 186th report made a proposal for the

16
constitution of the environment court. Hence, there is an urgent need to strengthen the hands
of judiciary by making separate environmental courts, with a professional judge to manage the
environment cases/criminal acts, so that the judiciary can perform its part more viably.

17
 BIBLIOGRAPHY
Articles and Websites:
 Andhyarujina, T.R., Judicial Activism and Constitutional Democracy in India (N.M
Tripathi, Pvt.Ltd., Bombay 1992).
 Basu, Durga Das, Shorter Constitution of India (Wadhwa & Co., Nagpur 2006).
 Bhagwati, P.N, Judicial Activism, and Public Interest Litigation (Jagrat Bharat,
Dharwad 1985).
 Bhagwati, P.N., Law Freedom and Social Change (1979).
 Bhagwati, P.N., The Role of the Judiciary in Democratic Process Balancing Activism
and Justice Restraint in Developing Human Rights Jurisprudence, Vol. 5 (Fifth Judicial
Colloquium on the Domestic Application of Human Rights Norms 1992).
 Bhatia, K.L., Judicical Activism and Social Change (Deep & Deep, New Delhi 2006).
 Baxi, Upendra, Courage, Craft and Contention: The Indian Supreme Court in the
Eighties (Tripathi, Bombay 1985).

Books:

 Gurdip Singh : Environmental Law

 S. C.. Shastri : Environmental Law

 P. Leelakrishnan : Environmental Law in India

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