I remember the late former Union Finance and Law Minister Arun Jaitley stressing the importance of drawing a line between the judiciary and the executive. While speaking at the “Indian of the Year 2015” awards ceremony, organized by Network 18 News (formerly CNN News 18), he said that courts cannot perform the functions of the executive, and the independence of the two must be strictly maintained. He further stated that if the judiciary fails to act, the executive cannot take up that role under the plea of mounting pending cases. Similarly, courts also cannot take over executive functions. However, when our government officers (the executive) fail to perform their constitutional duties, the judiciary has shown a willingness to use its power. Many critics call it judicial encroachment into the executive domain, but after experiencing the lukewarm response of the executive in enforcing environmental laws in Jammu & Kashmir, I believe the judiciary, especially the National Green Tribunal (NGT), is our only hope for the implementation and enforcement of environmental legislations and the rules governing these laws.

The judiciary plays a pivotal role in promoting and upholding the rights of citizens. It also plays an important role in upholding the rights of citizens guaranteed under different environmental laws. The active role of the judiciary in upholding the rights of citizens and preserving the nation’s constitutional and legal system is referred to as judicial activism. After the enactment of the Air (Prevention and Control) of Pollution Act in 1981, the Indian judicial system, particularly in the realm of environmental law, underwent a major transformation, abandoning its weaker stance in favor of charting new social justice possibilities. Environmental activism received a significant boost from judicial activism, especially when environmental rights were recognized as a “fundamental right” under Article 21 (Right to Life) of the Constitution. This gave the right to a clean and healthy environment constitutional sanctity. Our High Courts, the Supreme Court of India, and more specifically the National Green Tribunal (NGT) have played a great role in enforcing environmental........

© Kashmir Observer