The concepts of Sustainable Development have been integrated into Indian municipal law as binding legal requirements by landmark Supreme Court rulings.
1. The Precautionary Principle
This principle states that environmental measures must anticipate, prevent, and attack the causes of environmental degradation. Where there are threats of serious or irreversible damage, a lack of full scientific certainty must not be used as a reason for postponing preventive measures.
Shift in Onus: The burden of proof shifts to the developer or industrialist to prove that their proposed activity is environmentally benign.
2. The Polluter Pays Principle
Under this principle, the financial cost of preventing or remedying damage lies with the person who caused it. The polluter is liable not only to compensate the victims of pollution but also to pay for the cost of restoring the damaged ecology.
The Supreme Court held that the Precautionary Principle and the Polluter Pays Principle are essential parts of "Sustainable Development" and are recognized as part of the law of the land under Article 21, 48A, and 51A(g) of the Constitution.
3. The Public Trust Doctrine
This doctrine holds that natural resources like rivers, forests, sea shores, and air are held by the Government in trust for the free and unimpeded use of the general public. The Government cannot transfer ownership or allow private commercial exploitation of these resources to the detriment of the public.
Landmark Case: M.C. Mehta v. Kamal Nath (1997) (The Spanish Hilton hotel case, where the court cancelled a river-diverting lease to save the Beas river).