International Journal of Social Science & Economic Research
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Title:
PUBLIC INTEREST ENVIRONMENTAL LITIGATIONS IN INDIA: AN OVERVIEW

Authors:
Poonam Kanwal

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Poonam Kanwal
Janki Devi Memorial College, University of Delhi, New Delhi, India

MLA 8
Kanwal, Poonam. "PUBLIC INTEREST ENVIRONMENTAL LITIGATIONS IN INDIA: AN OVERVIEW." Int. j. of Social Science and Economic Research, vol. 9, no. 3, Mar. 2024, pp. 563-580, doi.org/10.4

References

[1]. Baxi, U. (1997). Judicial Activism: Usurpation or Re-democratization?, Social Action, Vol. 47, pp. 341-357.
[2]. Baxi, U. (2002a). Introduction. Judicial Activism in India. Transgressing Borders and Enforcing Limits. Sathe. S. P. Oxford University Press. New Delhi.
[3]. Baxi U. (2002b). Taking Rights Seriously: Social Action Litigation in the Supreme Court of India. Supreme Court On Public Interest Litigation In India: Cases and Material. The Debate on Orignal Intent, Jagga Kapur, ed. Vol.1. LIPS India Private Limited. New Delhi.
[4]. Bhagwati, P. N. (1985). Judicial Activism and Public Interest Litigation. Colombia Journal Of Environmental Law, Vol. 93.
[5]. Desai, A & Muralidhar, S. (2000). Public Interest Litigations: Potential and Problems. Supreme But Not Infallible: Essays in Honour of the Supreme Court of India. Kirpal B N, Desai A Subramanium G, Dhavan R & Ramchandran R. ed. Oxford University Press. New Delhi.
[6]. Diwan, S& Rosencranz, A. (2001).Environmental Law and Policy in India, Oxford University Press, Delhi.
[7]. Sathe, S P. (2002). Judicial Activism in India. Transgressing Borders and Enforcing Limits. Oxford University Press. New Delhi.

ABSTRACT:
Society is an ensemble of individuals living together. To serve their purposes individuals create and develop institutions of different kinds. The state is one such institution that owes its emergence and existence to society. The state is a political institution and the society in which it is established is a politically organized society. The state is all-pervasive, it is difficult to understand any phenomenon without referring to the state. The state is a principal actor shaping society, individuals, and their lives. The mosaic that the state establishes on the canvas consisting of the society reflects its normative character. Understanding the state from its normative standpoint (what it does to society) is important but it is equally important to see how society thinks about the state. The way the state forms its mosaic through its policies and programmes similarly society also frames its picture by interrogating the state of its policies and programs. Public interest litigations in India developed by the Supreme Court (Judiciary) became a medium through which society played this normative and interrogating role. This article captures the interface between the state, judiciary and society with environmental issues at the centre. It deals with public interest environmental litigations filed by individuals, groups, and organisations which question the state and its claims that it protects the environment (several environmental laws have been passed by the state). The article provides an overview of environmental litigations filed in the last two decades of the 20th century.

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