Page 1 of 12

Journal for Studies in Management and Planning

Available at http://internationaljournalofresearch.org/index.php/JSMaP

e-ISSN: 2395-0463

Volume 01 Issue 10

November 2015

Available online: http://internationaljournalofresearch.org/ P a g e | 237

Sustainable Development and Role of Judiciary

Dr. Sujata Rana

Assistant Professor B.S. Anangpuria Institute of Law Faridabad

Introduction

Environment problems is a burning

problems now a days, the need of its

protection is global issue. Industrialisation,

urbanisation, population explosion,

poverty, over exploitation of resource,

depletion of traditional resource of energy

and raw material etc. are some of the

factor which has contributed to

environmental deterioration the world

over.

It is the basic right of every human being

to live in a healthy environment under

article 21 of the constitution. The crying

need of hour is the sustainable

development.

The sustainable development is not a new

concept. The doctrine had come to be

known as early as in 1972 in the

Stockholm declaration.

What is sustainable development?

Sustainable development has been defined

in many ways, but the most frequently

quoted definition is from Our Common

Future, also known as the Brundtland

Report.

"Sustainable development is development

that meets the needs of the present without

compromising the ability of future

generations to meet their own needs. It

contains within it two key concepts:

 The concept of needs, in particular the

essential needs of the world's poor, to

which overriding priority should be

given; and

 The idea of limitations imposed by the

state of technology and social

organization on the environment's

ability to meet present and future

needs.

All definitions of sustainable

development require that we see the world

as a system—a system that connects space;

and a system that connects time. When you

think of the world as a system over space,

you grow to understand that air pollution

from North America affects air quality in

Asia, and that pesticides sprayed in

Argentina could harm fish stocks off the

coast of Australia. And when you think of

the world as a system over time, you start

to realize that the decisions our

grandparents made about how to farm the

land continue to affect agricultural practice

today and the economic policies we

endorse today will have an impact on

urban poverty when our children are

adults. We also understand that quality of

life is a system, too. It's good to be

physically healthy, but what if you are

poor and don't have access to education?

It's good to have a secure income, but what

if the air in your part of the world is

unclean? And it's good to have freedom of

religious expression, but what if you can't

feed your family? The concept of

sustainable development is rooted in this

sort of systems thinking. It helps us

understand ourselves and our world.

Page 2 of 12

Journal for Studies in Management and Planning

Available at http://internationaljournalofresearch.org/index.php/JSMaP

e-ISSN: 2395-0463

Volume 01 Issue 10

November 2015

Available online: http://internationaljournalofresearch.org/ P a g e | 238

The problems we face are complex

and serious and we can't address them in

the same way we created them. But we can

address them. It's that basic optimism that

motivates IISD's staff, associates and

board to innovate for a healthy and

meaningful future for this planet and its

inhabitants

Thus the goals of economic and

social development must be defined in

terms of sustainability in all countries

whether developed or developing, marked

oriented or centrally planned.

Development involves a progressive

transformation of economy and society at

large. Sustainable Development does not

imply absolute limits to growth and it is

not a new name of environment protection.

It is a new concept of economic growth. It

is a process of change, in which economic

and fiscal policies, trade and foreign

policies, energy, agricultural and industrial

policies all aim to induce development

paths those are economically, socially and

ecologically sustainable. The report

emphasized that sustainable development

cannot and will not be achieved in a world

by poverty. It called for a new era of

economic growth. Economic growth and

development obviously involves changes

in the physical ecosystem.

Principle of sustainable development

Some of the basic principles of

'Sustainable Development' as described in

'Brundtland report' are as follows: -

1. Inter Generational Equity

2. Use and Conservation of natural

resources

3. Environmental Protection

4. The Precautionary Principle

5. The Polluter Pays Principle

6. Obligation to assist and Co-operate

7. Eradication of poverty and

8. Financial assistance to the developing

Countries

Some of them are discussed in the light of

various case laws.

A. Inter-Generational Equity: The

principle talks about the right of every

generation to get benefit from the natural

resources. Principle 3 of the Rio

declaration states that:

“The right to development must be

fulfilled so as to equitably meet

developmental and environmental needs of

present and future generations”

The main object behind the principle is to

ensure that the present generation should

not abuse the non-renewable resources so

as to deprive the future generation of its

benefit.

B PRECAUTIONARY PRINCIPLE

The main purpose of the

Precautionary Principle is to ensure that a

substance or activity posing a threat to the

environment is prevented from adversely

affecting the environment, even if there is

no conclusive scientific proof of linking

that particular substance or activity to

environmental damage. The words

substance and activity imply substance and

activities introduced as a result of human

intervention. In the context of the

municipal law, the precautionary principle

means;-

1. Environmental measures by the

state government and the local

authorities must anticipate, prevent

Page 3 of 12

Journal for Studies in Management and Planning

Available at http://internationaljournalofresearch.org/index.php/JSMaP

e-ISSN: 2395-0463

Volume 01 Issue 10

November 2015

Available online: http://internationaljournalofresearch.org/ P a g e | 239

and attack the causes of

environmental degradation.

2. Where there are threats of serious

and irreversible damage, lack of

scientific certainty should not be

used as a reason for postponing

measures to prevent environmental

degradation.

3. The onus of proof is on the actor or

the developer/industrialist to show

that his action is environmentally

benign

4. A.P. Pollution Control Board v/s

Prof. M.V.Naydu (Retd.) & others

is an example of precautionary

Principle.

Uncertainty becomes a problem when

scientific knowledge is institutionalized in

policy making or used as a basis for

decision-making by agencies and courts.

Scientists may refine, modify or discard

variables or models when more

information is available; however,

agencies and Courts must make choices

based on existing scientific knowledge. In

addition, agency decision making evidence

is generally presented in a scientific form

that cannot be easily tested. Therefore,

inadequacies in the record due to

uncertainty or insufficient knowledge may

not be properly considered.

The `uncertainty' of scientific proof and its

changing frontiers from time to time has

led to great changes in environmental

concepts during the period between the

Stockholm Conference of 1972 and the

Rio Conference of 1992.

In Vellore Citizens' Welfare Forum vs.

Union of India and Others [1996 (5) SCC

647], a three Judge Bench of this Court

referred to these changes, to the

`precautionary principle' and the new

concept of `burden of proof' in

environmental matters. Kuldip Singh, J.

after referring to the principles evolved in

various international Conferences and to

the concept of `Sustainable Development',

stated that the Precautionary Principle, the

Polluter-Pays Principle and the special

concept of Onus of Proof have now

emerged and govern the law in our country

too, as is clear from Articles 47, 48-A and

51-A(g) of our Constitution and that, in

fact, in the various environmental statutes,

such as the Water Act, 1974 and other

statutes, including the Environment

(Protection) Act, 1986, these concepts are

already implied. The learned Judge

declared that these principles have now

become part of our law. The relevant

observations in the Vellore Case in this

behalf read as follows: implement the

`Precautionary Principle' and the `Polluter

Pays Principle'." The learned Judges also

observed that the new concept which

places the Burden of Proof on the

Developer or Industrialist, who is

proposing to alter the status quo, has also

become part of our environmental law.

The Vellore judgment has referred to these

principles briefly but, in our view, it is

necessary to explain their meaning in more

detail, so that Courts and tribunals or

environmental authorities can properly

apply the said principles in the matters

which come before them. The

Precautionary Principle replaces the

Assimilative Capacity Principle: A basic

shift in the approach to environmental

protection occurred initially between 1972

and 1982. Earlier the Concept was based

on the `assimilative capacity' rule as

revealed from Principle 6 of the Stockholm

Declaration of the U.N.Conference on

Human Environment, 1972. The said

principle assumed that science could

provide policy-makers- with the

information and means necessary to avoid

encroaching upon the capacity of the

environment to assimilate impacts and it

presumed that relevant technical expertise

would be available when environmental

harm was predicted and there would be

sufficient time to act in order to avoid such