Analyze the importance of judicial reviews in safeguarding environmental laws and practices. What are the potential consequences of ignoring the expert recommendations in projects involving natural resources?

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Judicial Review in Environmental Governance

Judicial review, grounded in Articles 13, 32 and 226, has become central to protecting environmental laws in India, especially where executive enforcement is weak.

1. Constitutionalisation of Environmental Rights

Expansion of Article 21 to include right to a clean and healthy environment.
Landmark cases: MC Mehta, Subhash Kumar, Vellore Citizens Welfare Forum.
Adoption of principles: sustainable development, precautionary principle, polluter pays.

2. Ensuring Statutory Compliance

Scrutiny of decisions under Environment (Protection) Act, 1986; Forest Conservation Act, 1980; EIA framework.
Prevention of arbitrary environmental clearances.
Oversight by National Green Tribunal (NGT), 2010.

3. Balancing Development and Ecology

Intervention in mining bans (Goa, Aravallis).
Protection of forest and coastal ecosystems.
Upholding intergenerational equity and public trust doctrine.

Consequences of Ignoring Expert Recommendations

1. Ecological Risks

Biodiversity loss, deforestation, groundwater depletion.
Increased disaster vulnerability (e.g., landslides in fragile zones).

2. Economic and Social Costs

Long-term rehabilitation and disaster management expenditure.
Conflict with local communities; erosion of livelihood security.

3. Institutional Erosion

Undermining expert bodies like EAC.
Increased litigation and policy uncertainty.

Strengthening transparent appraisal, respecting scientific expertise and reinforcing judicial oversight remain critical for sustainable and inclusive development.

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