2022 · GS Paper 2 · Q1 · 10 marks
The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court. Discuss this statement with the help of relevant case laws.
In short
The Supreme Court constitutionalised environmental problems by reading a healthy environment into Article 21 and making doctrines such as absolute liability, polluter pays and public trust part of Indian law. Subhash Kumar (1991) recognised pollution-free water and air as part of the right to life.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 274 words
Environment as life
The Dehradun quarrying case (1985) closed limestone quarries, and Subhash Kumar (1991) held that the right to life includes pollution-free water and air.
Absolute liability
M.C. Mehta (Oleum gas leak, 1987) made hazardous industries absolutely liable, without the Rylands v Fletcher exceptions.
Doctrines made law
Vellore Citizens Welfare Forum (1996) adopted the precautionary and polluter pays principles, and M.C. Mehta v Kamal Nath (1997) applied the public trust doctrine to the Beas riverbed.
Judicial overreach
The CNG order for Delhi's buses (1998) and fixed cracker hours show courts framing executive policy.
Implementation gap
Decades of orders on the Ganga and Delhi's air have not delivered clean water or air, because pollution control boards stay weak.
Inconsistency
In 2025 the Court struck down ex post facto clearances in Vanashakti, then recalled that ruling within months.
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Question from the official UPSC Civil Services (Main) Examination 2022 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.