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Article . 2023
License: CC BY
Data sources: Datacite
ZENODO
Article . 2023
License: CC BY
Data sources: Datacite
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Environmental Constitutionalism in India: Judicial Innovation, Governance Challenges, and the Future of Ecological Protection

Authors: Rajendra;

Environmental Constitutionalism in India: Judicial Innovation, Governance Challenges, and the Future of Ecological Protection

Abstract

Environmental constitutionalism has emerged as one of the most influential developments in modern public law, particularly in jurisdictions where courts have played an active role in expanding constitutional rights. In India, environmental protection has been significantly shaped by judicial interpretation of constitutional provisions rather than by explicit constitutional text guaranteeing environmental rights. The Indian Supreme Court and High Courts have developed an extensive body of jurisprudence recognizing environmental protection as part of the fundamental right to life under Article 21 of the Constitution. Through innovative doctrines such as the polluter pays principle, precautionary principle, public trust doctrine, and sustainable development, the judiciary has transformed environmental governance into a rights-based constitutional framework. However, despite these advances, environmental governance in India continues to face structural challenges including regulatory fragmentation, enforcement deficits, and tensions between economic development and ecological sustainability. This paper examines the evolution of environmental constitutionalism in India by analyzing the constitutional framework, judicial innovations, and institutional mechanisms developed through case law. It also evaluates governance challenges that limit the effectiveness of environmental constitutionalism and explores potential pathways for strengthening ecological protection in the future. The paper argues that while judicial activism has played a critical role in developing environmental rights, sustainable environmental governance requires stronger institutional coordination, legislative clarity, and participatory governance mechanisms

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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