A Critical Study of Sustainable Development of Environment Laws in India with Special Reference to Water Pollution

Abstract

ABSTRACT newline This doctoral thesis undertakes a critical examination of the development and implementation of sustainable development laws in India, with a specific focus on the persistent crisis of water pollution. It argues that while India has established a robust constitutional, statutory, and judicial framework that explicitly incorporates the principles of sustainable development, a significant gap persists between normative aspirations and on-ground environmental outcomes. The research diagnoses systemic weaknesses in governance, enforcement, and institutional capacity that undermine the effectiveness of environmental legislation, using the degradation of India s freshwater resources as a pivotal case study. newline The concept of sustainable development, as articulated by the Brundtland Commission and subsequently embedded in international covenants like the Rio Declaration and the Sustainable Development Goals (SDGs), provides the foundational lens for this analysis. The thesis traces the historical evolution of environmental thought in India, from ancient ethico-religious traditions of stewardship to the transformative impact of global conferences like Stockholm (1972) and Rio (1992). These international developments catalysed domestic legal reforms, most notably the 42nd Constitutional Amendment which introduced Article 48A (State duty to protect the environment) and Article 51A(g) (citizen s fundamental duty). newline The research employs a mixed-methods approach. A doctrinal analysis scrutinizes primary legal sources, including the Constitution, landmark statutes like the Water (Prevention and Control of Pollution) Act, 1974, and the Environment (Protection) Act, 1986, alongside subordinate regulations and policy documents. This is complemented by empirical case studies of two critically polluted river systems the Ganges and the Yamuna. Quantitative data on water quality from official monitoring stations is juxtaposed with public health indicators to assess the real-world impact of legal interventions.