Progress without preservation is mirage: CJI

Chief Justice of India Surya Kant emphasized on Friday that environmental preservation is a deeply ingrained aspect of India's heritage and consciousness. Addressing the International Conference on The Future of Environment and Climate Dynamics in Delhi, the CJI stressed that the Constitution represents a moral obligation to successive generations, not merely a political document.

India's reverence for Mother Nature since the dawn of civilization is evident in the Constitution's Articles 48A and 51A(g), which mandate the protection and enhancement of the environment.

CJI Surya Kant highlighted that the Constitution serves as the foundation for environmental protection, but its provisions require judicial interpretation to translate into actionable safeguards. He described the Supreme Court as the "banyan tree of environmental justice," emphasizing that its environmental jurisprudence is rooted in India's civilizational ethos and champions the rights of future generations.

Over the years, the Court has played a pivotal role in shaping environmental law, developing principles such as the precautionary principle, the polluter pays principle, absolute liability, and the public trust doctrine.

These principles require authorities and polluters to prevent harm, restore damaged ecosystems, and ensure accountability. The Court has also defined sustainable development, ensuring that economic progress does not come at the expense of the environment. According to the CJI, progress without preservation is a mirage that ultimately fades away, underscoring that safeguarding nature is essential for self-preservation and life's continuation.

The CJI's remarks come amid the Supreme Court's ongoing environmental jurisprudence, which strives to balance infrastructure development with constitutional mandates for environmental protection.