Abstract
Though not expressly written into the Constitution of India, the Right to a Clean Environment has been read into Article 21 of the Constitution of India through landmark judicial pronouncements of the Supreme Court of India over the last two decades. An important aspect of this right is public participation in the management and sustainable use of the environment. Environmental Public Hearings in the case of large projects that have the potential to cause large scale and long term change to the environment are an important embodiment of this principle. The concept of public hearings itself is based on the duty to hear the other side (audi alteram partem) and the duty to give reasons, which are two important pillars of natural justice. The author, a Judge of the Supreme Court of India, discusses these issues as well as the procedure for Public Hearings as envisaged in Indian Law. Finally, the essay discusses the relevance of Environmental Public Hearings in the light of the principle of sustainable development and the precautionary approach in environmental law.
Recommended Citation
Lakshmanan, Dr. Justice A.R.
(2005)
"Thoughts on Environmental Public Hearings,"
National Law School of India Review: Vol. 17:
Iss.
1, Article 1.
Available at:
https://repository.nls.ac.in/nlsir/vol17/iss1/1
