Chapter

Whither has the Magic of the Flowers and Fruits Gone?

O. Chinnappa Reddy

in The Court and the Constitution of India

Published in print May 2010 | ISBN: 9780198066286
Published online October 2012 | e-ISBN: 9780199081462 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198066286.003.0033
Whither has the Magic of the Flowers and Fruits Gone?

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Conscious of the magnitude of the ecological problems in India, the Supreme Court has now recognized the right to environment, that is, the right to bright light, clean air, and clear water as essential elements of the right to live with dignity guaranteed by Article 21 of the Constitution. Environmental law could probably be said to have started with the cases of Sachidanand Pande v. State of West Bengal and B. K. Srinivasan v. State of Karnataka where, however, there is no reference to Article 21. In the United States, the courts developed a public trust doctrine to the effect that the resources like air, sea, water, and forests were of such great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The American courts emphasized that protection from ecological pollution was among the purposes of public trust. Some time after the start made in Sachidanand Pande and the Bangalore Urban Development Authorities cases, there followed a deluge of court decisions by Justice Kuldeep Singh.

Keywords: India; Supreme Court; Constitution; environmental law; pollution; United States; Article 21; public trust; court decisions; Kuldeep Singh

Chapter.  4156 words. 

Subjects: Constitutional and Administrative Law

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