Judicial Activism and the Environment in India: Implications for Transnational Corporations

Environmental norms have been very difficult to enforce especially on TNCs, as the Government of India has initiated several important policy reforms to induce TNCs to invest in India since the New Industrial Policy of 1991. The relatively weak enforcement capacities of environmental monitoring state agencies has led to the resurgence of a strong alternative force or the NGOs in India. The NGOs have acted as watchdogs for protecting environmental interests of the Indian populace and has often lobbied the government for a change in obscure or defunct legislation. Even more important than mass movements through NGOs have however been public interest litigations in the Supreme Court which have led to some historic judgements and change in corporate behaviour. However while both indicate the democratisation of public decision making, the capacity of these groups to induce widespread changes may be limited. They may also be hampered to a certain degree by the lack of specialised knowledge of both the law and the environment. They have nevertheless been a force to reckon with for TNCs in India.