‘When states fail, judiciary will protect environment’

Failure of state machinery to enforce environmental laws has necessitated the judiciary to step in to safeguard the public health, Chief Justice T.S. Thakur on Friday said while crediting the Supreme Court for its efforts in worldwide movement to protect the ecology. “We cannot deny the fact that the judicial orders are passed out of necessity for the enforcement of the laws only when system of governance fails to implement it.

“The judgments and orders passed by the court compel the discharge of constitutional and statutory duties. More often than not, the SC has to step in to protect the environment on account of failures of state machinery,” he said.

Addressing the inaugural function on International Conference on Rule of Law for Supporting the 2030 Development Agenda/ Sustainable Development Goals, Justice Thakur also referred to objections of executive regarding implementation of constitutional provisions on environment on the ground they fall under Directive Principles of State Policy (DPSP) of Constitution and hence, unenforceable.

The CJI said, “In the ongoing environment protection campaign, the role of Indian judiciary is no less significant. It is a matter of pride for the Indian judiciary that the movement of protection and conservation started because of the proactive role of the India judiciary.”