Justice Ajay Kumar Tripathi Foundation's Samvaad Positions Sustainable Development As India's Next Constitutional Frontier

In a wide-ranging conversation, the Justice Ajay Kumar Tripathi Foundation spotlights how environmental justice, social equity, and constitutional governance must converge for India to truly become a Viksit Bharat.The second-edition of Samvaad, a flagship annual event of the Foundation, underscored that India's environmental crisis is inseparable from class, constitutionalism, and state accountability – demanding nothing short of systemic transformation.When Governance Fails, the Constitution Is Forced to StretchAt Samvaad 2.0, held at the India International Centre, the Justice Ajay Kumar Tripathi Foundation brought together Justice Abhay S. Oka (Former Judge, Supreme Court of India), Justice Najmi Waziri (Former Judge, Delhi High Court), and Senior Advocate K. Parameshwar for a trialogue on a deceptively simple theme: Sustainable Development and the Idea of India Therein.Moderating the event, Ms. Shahrukh Alam, Advocate, Supreme Court of India, set the tone by of the trialogue immediately by framing environmental justice as a deeply political and socio-economic issue, challenging the notion of it being an “elite idea.” Ms. Alam asserted that without addressing underlying social issues, “Environmentalism without class struggle is gardening.” She tied the debate on climate justice to fundamental questions of land rights, displacement, and “Who gets what, and says who,” noting the right to 'Dwelling Well' – a life of dignity beyond mere survival. The discussion revealed a stark truth:India's environmental crisis is a governance crisis – and judicial intervention, however imperfect, has often become a constitutional compulsion.Environmental Protection Is Already Constitutional – The Failure Lies in ImplementationJustice Abhay Oka opened with a reminder that often gets lost in the administrative fog: environmental protection is embedded in Article 21 jurisprudence. For more than three decades, courts have recognised clean air, water, and a healthy environment as integral to the right to life.Yet, as Justice Oka pointed out, the gap between constitutional text and institutional will remains vast: “The Constitution has sufficient provisions. The problem is they remain on paper because no one implements them.”Justice Oka framed it bluntly: “When you protect the environment, you protect fundamental rights. Courts have sometimes had to be harsh – that is the need of the hour.”His point was not judicial triumphalism. It was institutional reality.His remarks underscored a pattern seen across India: the most vulnerable communities, bear the heaviest burdens of environmental degradation. Rehabilitation sites are routinely in polluted zones, slum relocations disrupt livelihoods, and unregulated construction corrodes urban habitability. It is these very communities who rarely find representation in administrative decision-making.To portray slums as the source of pollution, Justice Oka warned, is a narrative that conveniently shifts responsibility: “Illegal shanties are not the cause of environmental degradation. When demolition becomes necessary, rehabilitation must be meaningful and not in highly polluted areas that endanger lives.”Demolition disproportionately disrupts livelihoods, schooling, health access, and social networks. He warned: “Rehabilitation cannot mean moving people into highly polluted zones. That is not sustainable development.”The message was clear: Sustainability that dislocates the vulnerable is not sustainability – it is displacement by another name.He cautioned against viewing judicial intervention as overreach. In reality, he argued, judicial action fills the void left by administrative inaction.The Judiciary's Dilemma: Necessary Intervention, Structural LimitsJustice Najmi Waziri's interventions reflected decades of judicial engagement with Delhi's ecological crises. He captured the frustration of a judge confronting a non-responsive state: “There is constant resistance when courts direct the executive to act. It is the tyranny of the indolent.”The concern is not occasional non-compliance; it is systemic lethargy.Justice Waziri offered examples from Delhi's evolving landscape: unplanned real estate growth, failing drainage systems, rampant air pollution, and demolition drives that ignore the rights of the displaced. He highlighted the human cost of environmental misgovernance: “When slum residents are relocated, they lose their community, their schools, their livelihoods. Sustainability must keep people at the centre.”He also said, Delhi's waste hills, recurrent flooding, chronic pollution, and unplanned vertical expansion are not environmental accidents, they are failures of administrative will. In such a landscape, judicial directions become both a remedy and a symptom.His observation that environmental issues rarely find place in political manifestos was telling: “Environmental concerns are debated in courts because they are absent in political discourse.”This disconnect ensures that...

Justice Ajay Kumar Tripathi Foundation's Samvaad Positions Sustainable Development As India's Next Constitutional Frontier

LIVELAW NEWS NETWORK

Tags