The Principle of Sustainable Development in Indian Environmental Law: Evolution, Contemporary Judicial Position and Challenges
Abstract
Abstract The principle of sustainable development has emerged as one of the foundational principles of environmental law across the world. It seeks to establish a harmonious balance between economic development, environmental protection and social welfare so that the needs of the present generation are fulfilled without compromising the ability of future generations to meet their own needs. In India, although sustainable development was initially introduced through international environmental discourse, it gradually acquired constitutional recognition through judicial interpretation and legislative implementation. The Supreme Court of India has played a decisive role in incorporating the principle into domestic environmental jurisprudence by interpreting Articles 21, 48A and 51A(g) of the Constitution in the light of international environmental obligations. The establishment of the National Green Tribunal (NGT) further strengthened the practical application of this principle by making it a statutory basis for environmental adjudication. This paper examines the evolution of the principle of sustainable development in international and Indian environmental law, analyses its judicial interpretation by the Supreme Court and the National Green Tribunal, evaluates its present legal position and identifies the challenges that may influence its future application. The paper concludes by suggesting measures for strengthening the practical realization of sustainable development in India.
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Authors: Sanket Sunil Maindarkar, Vikas S. Khakare
Institutions: Sanskriti Samvardhan Mandal