ENV · S01Session 1 · 26–27 Sep · 8 min read

Sustainable development

The three principles Indian courts use in almost every environmental case, and where each one came from.

Arts. 21, 48A, 51A(g) · NGT Act s. 20 · 4 casesReleased week of 28 Sep

Art. 21

1. Development that lasts

Sustainable development means meeting today's needs without taking away the ability of future generations to meet theirs, the definition popularised by the Brundtland Report (1987). It does not forbid development. It asks courts to balance growth against the environment on which growth depends.

In Vellore Citizens' Welfare Forum v Union of India tanneries in Tamil Nadu were discharging untreated effluent into the Palar river. The Supreme Court held that sustainable development is part of the law of the land, read into the right to life under Article 21.

Vellore

2. The precautionary principle

Vellore set out what precaution requires of the state and of polluters:

What the state must doWhen science is unsureAnticipate, prevent and attack the causes of environmental harm.Lack of scientific certainty is no reason to delay measures against serious or irreversible harm.

Vellore also put the burden on the developer or industry to show that its activity is environmentally benign. A.P. Pollution Control Board v M.V. Nayudu added that where the science is uncertain, courts may refer technical questions to expert bodies. Under precaution, the burden of proof sits on the one who wants to change the status quo.

Continue on page 2The polluter pays2 more sections: The polluter pays, From case law to statute

Practice · Session 1

Test yourself on this session

Question 1 of 5BrundtlandWhich statement best describes sustainable development?

Answer all of them, then submit to see your score.5 questions · about 4 minStart MCQsAnswers and why after you submit. Your score is saved to Session 1.