CHANDIGARH, Mar 7: Judiciary must continue to serve as a constitutional sentinel in matters concerning the environment, and not impede legitimate development aspirations, Chief Justice of India Surya Kant said on Saturday.
He made the remark while addressing the Punjab and Haryana High Court Bar Association here.
“We are no longer in an era of choosing between environment and development. We are in an era where the only defensible development is the one which is environmentally responsible,” the CJI said.
The jurist was here for the inauguration of a refurbished library in memory of Justice Kuldip Singh, often hailed as the ‘Green Judge’ of the Supreme Court.
The CJI stated that the courts cannot afford a tunnel vision that treats every project as suspect, nor can they afford a complacent vision that treats environmental safeguards as negotiable.
“Our task is to move from a purely reactive model to a more mature environmental governance model that integrates environmental safeguards into the very design of development,” he said.
On the contribution of Justice Kuldeep Singh, CJI Kant said he gave messages to all judges that as judges we use our constitutional machinery to ensure that our economic goals are achieved, but not at the “irreversible” cost of our environmental capital.
“To appreciate the significance of this body of work, we must remember the economic context in which it was delivered. That was the late 90s and 80s, when India was entering an aggressive phase of industrialisation and liberalisation. The judiciary had a very genuine apprehension, namely that growth and infrastructure may not come at the cost of our rivers, forests, and air.
“At that time, environmental regulations were still relatively new. Like Impact assessments, public hearings, and scientific baselines were not as robust as they are today.
“In that setting, a strong rights-based environmental jurisprudence was not only natural but necessary. It served as a counterweight to unregulated exploitation,” Kant said.
The CJI said that though India’s population has increased sharply and its aspirations have multiplied, the quantum of natural resources remains broadly the same.
He said the task before the courts is one of careful constitutional balance, ensuring that environmental laws are enforced with seriousness.
Kant rued that the focus is gradually shifting from merely addressing environmental harm after it has occurred.
“The judiciary in that sense has gone beyond mere saying ‘if you pollute you will pay’, rather now it asks ‘have you done everything reasonably possible to avoid polluting in the first phase itself’,” he said.
The CJI pointed out that the burden is increasing on the project proponent to demonstrate strict compliance with environmental standards.
“So, how to strike a balance, the present needs, future rights and national aspirations,” he said.
Justice Kuldeep Singh’s environmental jurisprudence opens a template in that regard, and reminds us that the Constitution is not indifferent to rivers, forest and air, he said.
“Our task today is to carry forward that template, in the context of new technologies and new economic models, to ensure that law does not lag too far behind scientific realities,” the CJI added. (PTI)
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