SUSTAINABLE DEVELOPMENT
INTRODUCTION
In an era marked by environmental concerns and the pressing
need for responsible resource management, the doctrine of
sustainable development in environmental law has emerged as
a guiding light. This pivotal principle represents a
transformative shift in our approach to economic growth, one
that seeks to align human progress with the preservation of our
fragile planet. It underscores the profound interdependence of
environmental protection, social equity, and economic
prosperity.
The doctrine of sustainable development in environmental law
serves as a compass for navigating the intricate relationship
between human activities and the natural world. It is a call to
action, rooted in the belief that our actions today must not
compromise the ability of future generations to meet their
needs.
Principle of Sustainable Development in Environmental
Law
(1) Intergenerational equity: The principle of intergener- ational
equity states that every generation holds the Earth in common
with members of the present generation and with other
generations, past and future. The principle articulates a
concept of fairness among gen- erations in the use and
conservation of the environment and its natural resources. This
principle is the foundation of sustainable development. This
concept was first formally recognized in the Brundtland Report
(1987) and has been reinforced in various internation- al
environmental treaties. 5
(2) Use and conservation of natural resources: This principle is
based on the maximum use of perpetual resources like solar
energy, tidal energy, and wind energy. It seconds the maximum
production of renewable resources like trees and biomass. It
also supports the minimum utilization of nonrenewable
resources like fossil fuels, minerals, etc. And finally, it strongly
backs the reuse and recycling of non-renewable resources and
waste materials.
(3) Environmental protection: Environmental protection refers
to any activity to maintain or restore the quality of the
environment by preventing human activity or diverting the
natural activity like emission of pollu- tants, etc. and
formulating the proper statutes.
(4) The precautionary principle: The precautionary principle
requires that, if there is a strong suspicion that a certain
activity may have environmentally harmful consequences, it is
better to control that activity now rather than to wait for
incontrovertible scientific evidence. This principle is expressed
in the Rio Declaration, which stipulates that where there are
"threats of serious or irreversible damage, lack of full scientific
certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.
(5) The "polluter pays" principle: Environmental law is founded
on the precautionary principle, polluter-pays principle, and
intergenerational equity. These principles aim to ensure that
development activities do not compromise the ecological
balance or the rights of future generations.10 It is considered to
achieve a standard development goal of responsible
consumption, thereby incentivizing a cleaner production. The
"polluter pays" principle is the commonly accepted practice
that those who produce pollution should bear the costs of
managing it to prevent damage to human health or the
environment.
(6) Principle of liability to help and cooperate: As principle 9 of
Rio declaration, "States should cooperate to strengthen
endogenous capacity-building for sustainable development by
improving scientific understanding through exchanges of
scientific and technological knowledge, and by enhancing the
development, adaptation, diffusion, and transfer of
technologies, including new and innovative technologies" and
as per principle 27 of the Rio Declaration, "States and people
shall cooperate in good faith and in a spirit of partnership in the
fulfillment of the principles embodied in this Declaration and in
the further development of international law in the field of
sustainable development."12
(7) Poverty eradication: It was attributed in the Brundt- land
Report that the living standards "beyond the basic minimum
are not being met especially in the developing countries, which
eventually brings more pressure on the existing economic and
political sys- tems to eradicate this deficiency through
innovations and reforms." It was again stressed in the
Johannes- burg report in 2002.13 While the focus of most goals
is on present needs, climate change due to expanding human
activities makes it problematic to focus on current "needs"
without questioning consumption beyond "legitimate
aspirations."
(8) Public trust doctrine: The public trust doctrine offers a
framework to promote sustainable development and enhance
the effectiveness of environmental laws. 14 It primarily rests on
the principle that public at large is the beneficiary of the natural
resources. 14 The State as a trustee is under a legal duty to
protect them and save them to be converted into private
ownership.
Sustainable Development in Environmental Law in India
The roots of environmental rules in India can be traced back to
ancient times when texts like the Vedas, Arthashastra, and
Manusmriti emphasized the importance of protecting the
environment. For instance, the Vedas stressed the need for a
good relationship between people and nature, while the
Manusmriti prohibited harming forests and wildlife. However, as
modernization and industrialization took hold, environmental
problems became urgent, leading to the need for formal legal
frameworks.
India’s Constitution, established in 1950, includes the right to a
healthy environment as a fundamental right under Article 21,
which guarantees the right to life and personal liberty. This has
become the foundation for environmental law in India, with the
courts playing a vital role in interpreting and expanding
environmental rights.
Sustainable Development in Constitution of India
When we examine the Constitution of India, we find that there
are no specific laws or rules directly addressing sustainable
development in environmental law. However, Article 47
indirectly touches upon environmental concerns. Article 47 of
the Constitution of India states that “The state shall regard the
raising of the level of nutrition and the standard of living of its
people and the improvement of public health as among its
primary duties.”
Following the Stockholm Declaration, in order to adhere to its
provisions, the Indian Government introduced direct laws for
the protection and promotion of the environment through
the 42nd Amendment Act of 1976 to the Constitution of India.
This was accomplished by introducing Articles 48(A) and 51(A)
(g) into the Directive Principles of State Policy and Fundamental
Duties, respectively.
Article 48(A) states: “The state shall endeavour to protect and
improve the environment and safeguard the forests and wildlife
of the country.”
Article 51(A)(g) specifies that, “It shall be the duty of every
citizen of India to protect and improve the natural environment,
including forests, lakes, rivers, and wildlife, and to show
compassion for living creatures.”
As a result of the 42nd Amendment to the Constitution, the
courts are now empowered to intervene in environmental
issues and take measures to protect the environment.
Role of Indian Judiciary in Application of Doctrine of
Sustainable Development under Environmental Law
The Indian judiciary has played a significant role in promoting
sustainable development in environmental law. At the national
level, the judiciary has been tasked with interpreting the
concept of sustainable development, with the Supreme
Court notably interpreting the right to life and personal liberty
to include the right to a healthy environment.
Several key cases exemplify the judiciary’s role in
advancing sustainable development in environmental
law:
Rural Litigation Entitlement Kendra vs. State of UP (A.I.R
1985): In this case, the Supreme Court addressed
environmental and development issues for the first time,
emphasizing that natural resources are permanent assets of
mankind and should not be exhausted in a single generation.
Vellore Citizens Welfare Forum vs. UOI (A.I.R 1996): The
Supreme Court affirmed that sustainable development in
environmental law is a viable concept that can eradicate
poverty and enhance living standards while ensuring the
ecosystem’s carrying capacity is not exceeded.
L. Koolwal vs. UOI (A.I.R 1988): The Supreme Court allowed a
writ petition, asserting that insanitation is a slow poison that
can harm people’s health, falling within the purview of Article
21.
T.N Godavarmathimulpad vs. UOI (A.I.R 2002): The apex court
banned mining activities in the Aravelly Valley, especially in
forest areas protected under the Environment Protection Act,
1986.
People United for Better Living vs. State of WB (A.I.R
1993): This case emphasized the need for development to
harmonize with the environment in developing nations,
highlighting the importance of balancing environmental
concerns with economic development.
A.P Pollution Control Board vs. UOI: The court held that, to
ensure no harm to the environment or ecology while
maintaining sustainable development, scientific and technical
aspects could be referred to statutory bodies with expertise in
both judicial and technical matters.
Indian Council for Enviro-Legal vs. Union of India: The court
established the “polluter pays principle” as an integral element
of sustainable development in environmental law. It made
polluters liable to pay the costs of reversing environmental
damage.
N.D Jayal vs. UOI: The court affirmed that sustainable
development is an integral part of Article 21 of the Constitution,
making it a constitutional mandate. The judiciary played a
commendable role in striking a balance between the
environment and development.
Goa Foundation vs. Diksha Holdings: In this case, a Public
Interest Litigation (PIL) was filed against the construction of a
hotel and beach resort in Goa’s coastal areas due to
environmental concerns. The court held that the permission for
the proposed hotel was granted based on relevant material and
did not violate statutory provisions.
These cases illustrate the judiciary’s commitment to upholding
principles of sustainable development in environmental law,
protecting the environment, and ensuring that development
aligns with ecological and social well-being.
Stockholm Declaration, 1972
The year 1972 marked a significant turning point in the history
of global environmental governance. The United Nations
organized the United Nations Conference on the Human
Environment, which convened in Stockholm in June 1972.
During this historic conference, a series of strategies and
agreements were formulated to address environmental
protection on a global scale. The resulting Stockholm
Declaration is often referred to as the “Magna Carta of the
environment” as it stands as the first international document to
explicitly declare the right to a healthy environment as a
fundamental and independent right. This declaration holds
immense significance, laying the foundation for international
environmental standards and principles that continue to guide
nations worldwide.
During the Stockholm conference, Prime Minister Mrs. Indira
Gandhi of India emphasized the unique perspective of
developing countries, highlighting that for them, development
was not just a goal but a means to enhance living standards,
ensure access to basic necessities, combat desertification, and
make previously uninhabitable areas habitable.
RIO DECLARATION
The 1992 Rio Declaration on Environment and Development,
adopted by over 175 nations at the Earth Summit (UNCED), is a
foundational document comprising 27 principles intended to
guide sustainable development and environmental policy
worldwide. It emphasizes integrating economic growth with
environmental protection, fostering international cooperation,
and establishing responsibilities for protecting the planet for
current and future generations.
Sustainable Development (Principle 1): Human
beings are at the center of concerns, entitled to a healthy
and productive life in harmony with nature.
Sovereign Right and Responsibility (Principle
2): States have the right to exploit their own resources,
but are responsible for ensuring that activities within their
jurisdiction do not damage the environment of other
states.
Intergenerational Equity (Principle 3): The right to
development must be fulfilled to equitably meet the
developmental and environmental needs of present and
future generations.
Precautionary Approach (Principle 15): Where there
are threats of serious or irreversible damage, lack of full
scientific certainty shall not be used as a reason for
postponing cost-effective measures to prevent
environmental degradation.
Polluter Pays Principle (Principle 16): National
authorities should endeavor to promote the internalization
of environmental costs, ensuring the polluter bears the
cost of pollution.
Environmental Impact Assessment (Principle
17): Assessments shall be undertaken for proposed
activities that are likely to have a significant adverse
impact on the environment.
Public Participation (Principle 10): Environmental
issues are best handled with the participation of all
concerned citizens, including access to information and
judicial proceedings.
Common but Differentiated
Responsibilities (Principle 7): States shall cooperate in
a spirit of global partnership to conserve, protect, and
restore the health and integrity of the Earth's ecosystem,
recognizing that developed countries bear a greater
responsibility due to their pressure on the environment
and their financial/technological resources.
Conclusion
Sustainable development in environmental law is the compass
guiding our collective journey towards a harmonious
coexistence between human prosperity and ecological
preservation. Rooted in the recognition that our actions today
have profound implications for future generations, this principle
underscores the imperative to strike a delicate balance
between economic advancement, social equity, and
environmental stewardship.
Through landmark legal frameworks and international efforts,
sustainable development has become the cornerstone of
modern environmental jurisprudence. Sustainable development
in environmental law demands responsible resource
management, pollution mitigation, and the promotion of
renewable practices.
As the world grapples with pressing environmental challenges,
the doctrine of sustainable development in environmental law
serves as a beacon of hope, guiding policymakers, legal
scholars, and society as a whole towards a future where
humanity thrives without compromising the vitality of our
planet. It is a testament to our commitment to leave a legacy of
ecological resilience for generations yet to come.