Tuesday 21 June 2011

BALANCING OF NATIONAL INTEREST AND INDIVIDUAL INTEREST AND NATIONAL EMERGENCY

Introduction-Jurisprudential approach to interests
                According to Roscoe Pound, law is not concerned with abstract concepts like rights and duties. It is rather concerned with the satisfaction of individual or social needs, wants, claims and interests.
                Pound defined interests as claims or wants or desires or expectations which men assert about which law must do something if organized societies are to exist.
                The law according to Pound must adopt the ideal of least sacrifice of the scheme of interests as a whole. There are ways and means devised by pound for securing the interests through law. First, jurists have to make an inventory of the interests which press for legal recognition; second, they must select and determine the interests which law should recognize; third, they must fix the limits for securing the interests so selected; fourth, they must weigh the means by which law may secure interests when recognized and delimited; finally, in order to these things the jurists must work out principles of valuation of interests.[i]
                Pound examined interests from different perspectives. These are divided mainly in three groups:
(a)          individual
(b)          Public and
(c)           Social interests.
The individual interests are personality, domestic relations and interests of substance.
The public interests are the interests of State as a juristic person and the interests of the State as guardian of social interests.
The social interests are the social interests in general security, social interests in the security of social interests like religious, political and economic institutions, social interests in general morals, social interests in the conservation of social resources, social interests in general progress and social interest in individual life.
National interests
                The national interests are a part of the public interests. As described by Pound the various public interests are:
(a)          Interests of a state as a juristic person: They include (a) the integrity, freedom of action and honor of State’s personality, (b) claims of politically organized society as a cooperation to property acquired and held for corporate purposes.
(b)          Interests of state as a guardian of social interests, namely, superintendance and administration of trusts and charitable endowments, conservation, and protection of natural environment, protection of territorial waters and sea-shores, regulation of public employment to make use of things which are open to public use, etc.[ii]
The international law deals with the interests of the nations and the interests of the individuals were not recognized till a very later period.
                The interest of a nation lies in its security and progress. It is protected and recognized internationally as well as nationally. At the national level it is recognized as an exception to the individual’s freedom.
                Under the Constitution of India, the interests of the individual’s can be curtailed in the greater interests of the nation. The various freedoms of the individual are subject to the national interests.
                The various freedoms are subject to the security and integrity of the nation. Exceptions provided to the freedoms enumerated under Article 19(1) protect and promote the interests of the nation.
                Similarly, other rights are also subject to the public health and order which in turn means the interests of the nation.
                The chapter on fundamental duties also lays down the various duties of the citizens towards the nation at large. These promote the sovereignty and integrity of the nation.
Individual interests
                Individual interests are such claims or demands or desires involved in and looked at from the standpoint of the individual life immediately as such asserted in the title of the individual life.
In individual interests Dean Pound includes:
(a)          Personality: Such interests are concerned with (a) the physical person, (b) freedom of will, (c) honor and reputation, (d) privacy and (e) belief and opinion.
(b)          Domestic relations: They are concerned with the interests of individual in domestic relationship and that of the society in such institutions as family, marriage, divorce.
(c)           Interests of substance: These include interests of property, freedom of industry and contract, freedom of association, etc.[iii]
Individual’s interests have been recognized both nationally as well as internationally as their basic rights or human rights. At the international level they are recognized in the various instruments like the Universal Declaration of Human Rights, 1948, International Covenant on Civil and Political Rights, 1966, International Covenant on Social, Cultural and Economic Rights,1966 and a number of regional and specific conventions and declarations.
                Under the Indian Constitution, they find recognition in the form of fundamental rights. The individual’s have been guaranteed certain rights and fundamental freedoms which are essential for their development. The Part III of the Constitution deals with the fundamental rights which are guaranteed to the individuals and are necessary for the very survival and development.
                The Constitution expressly lays down the provisions for the protection of the fundamental rights. The fundamental rights are to be protected from the encroachment by the state authorities. For that purpose, the very first Article of the chapter on fundamental rights defines what all bodies constitute a state.
                Article 13 of the Constitution declares all laws in contravention of fundamental rights void and unconstitutional.
                The fundamental rights guaranteed under the Constitution can be broadly classified in six categories.
(1)          The right to equality- Articles 14 to 18 of the Constitution lay down the provisions relating to the equality of individuals. All forms of discrimination on the basis of religion, caste, sex or place of birth are
 forbidden under the provisions of these Articles.
(2)          The right to freedom- Articles 19 to 22 of the Constitution provide the various freedoms to the individuals. Article 19 gives the freedom of speech and expression, of residence, of movement, of association. Article 21 gives the freedom of life and liberty. Article 22 protects from arrest in certain cases.
(3)          The right against exploitation- Articles 23 and 24 provide the right against exploitation in all forms. Article 23 forbids traffic in human beings and forced labor. Article 24 provides measures for protecting children from exploitation.
(4)          The right to freedom of religion- Articles 25 to 28 lay down the provisions relating to freedom of religion and conscience. Article 25 gives the freedom of conscience and freedom of free profession, practice and propagation of religion. Article 28 prohibits religious instructions in educational institutions maintained by the government.
(5)          Cultural and educational rights- Articles 29 and 30 give the rights to the minorities to protect their culture and to establish and administer educational institutions. Article 29 confers a right on the religious, linguistic and cultural minorities to protect their language or culture. Article 30 gives rights to the minorities to establish and administer educational institutions of their choice.
(6)          The right to Constitutional remedies- Articles 32 to 35 and 226 provide constitutional remedy for the violation of the fundamental rights. Under the provisions of Article 32, the Supreme Court can be moved in cases of violation of fundamental rights while under the provisions of Article 226, a person can move the High Courts for the protection of fundamental rights.
Thus, the Constitution of India lays down express provisions not only as to what the rights of individuals are but also lays down provisions for the protection of the same.
Conflicts and balance of interests
                The various rights and freedoms of citizens are subject to the security and interest of the nation.
                According to Jeremy Bentham, the purpose of law is to secure the greatest happiness of the greatest number.
                Pound like Bentham tested the justification of law with reference to protection and enforcement of individual and social claims. The various interests of the individuals and societies have to be balanced in such a manner that the greatest good is obtained.
                According to Pound the need of law is for securing social harmony and social justice to the general public with a minimum of waste of friction and maximum of material satisfaction of wants, needs, and interests.
                The term ‘interests of the nation’ signifies the interests of the majority of the citizens. If the security of the nation is endangered, it means that the security of the citizens is in danger. Thus, in order to protect the interests of the majority or the greatest number, the interests of the individuals can be curtailed.
                The citizens have been provided with a number of freedoms but these freedoms are not absolute. They are subject to the greater public interest. These freedoms can be enjoyed only as long as they do not adversely affect the greater good of the society.
                Similarly, the State is not empowered to take any arbitrary action or make any arbitrary law which infringes the rights and interests of the individuals. The various State actions are subject to the rights of the citizens. The various executive, legislative and administrative actions are subject to the freedoms guaranteed to the individuals.
                The various actions of the State have to pass the test laid down in the chapter on fundamental rights. They have to pass the touchstone of the individual’s rights.
                The State is not authorized to restrict the rights guaranteed by the Constitution to the individuals in any case except for the restrictions provided by the Constitution itself. The fundamental rights of individuals are protected under the provisions of the Constitution itself and cannot be infringed by any law. Any law which infringes these rights is unconstitutional and void.
                Thus, in cases of conflicts between the interest of the individual and the interests of the nation, it has to be seen that the greater good is affected. The two interests have to be balanced in a manner that the good of the majority is maintained.
                When either of the two interests exceeds the limits set up by the other, the happiness of the majority is adversely affected. A balance between the two has to be maintained in such a manner that there is no decline in the gross national happiness.
                Thus, the various interests of the individual are protected till they do not harm the national interest and the various national interests are protected till they do not override the individual’s interests.
                A proper balance has to be maintained between the national interests and the individual interests to promote a greater harmony between the two.
Interests during national emergency
                A situation of national emergency arises when there is a threat to the security of a nation. Such a situation arises in cases of wars, external aggressions or internal uprisings to overthrow the government. An attempt to damage the sovereignty results in a situation of national emergency. Under the provisions of Article 352, the President of India on being satisfied that there exists a condition or threat of war, external aggression or armed rebellion, may by a proclamation declare emergency in the whole or part of the territory of India.
                At the time of national emergency, the interests of a nation take the paramount importance while those of the individuals are sidelined. This is based on the concept that the state is superior to the individual and with a risk on the nation’s interests the individual’s interests are also at risk.
                The various freedoms of individuals are restricted in order to protect the interests of the nation.
                Article 358 provides for the automatic suspension of the provisions of Article 19.
Article 358(1) while a proclamation of emergency declaring that the security of India or ant part of the territory thereof is threatened by war or by external aggression is in operation, nothing in Article 19 shall restrict the power of the state defined in part III to make any law or to take any executive action which the state would but for the provisions contained in that part be competent to make or to take, but ant law so made shall, to the extent of the incompetency, cease to have effect as soon as the proclamation ceases to operate, except as respects things done or omitted to be done before the law so ceases to have effect.
                Thus, the various freedoms enumerated under Article 19 cannot be claimed during the period of emergency if any Act passed by the Parliament restricts or overrides them.
                It does not mean that any invalid law becomes valid during the period of emergency but simply that its invalidity is suspended during the period of emergency and hence, the same cannot be challenged in a court of law.
                In Bennett Coleman and Co. v Union of India[iv], it has been held by the Supreme Court that the Newsprint Police of 1972-73 which was a continuation of the old policy made before the Proclamation of Emergency from attack under Article 19.It was observed that executive action which is unconstitutional at  the  time  of its  being taken  is  not immune from being challenged  in  a  court of  law during  the  Proclamation  of  Emergency.   A Proclamation of Emergency, would not authorize the taking of detrimental executive action during that period affecting Article 19 without any legislative authority or in purported exercise of power conferred by any pre-emergency law which was invalid when enacted.
                After the 44th Amendment of the Constitution, the scope of Article 358 has been somewhat restricted and now it cannot be invoked in cases of emergency on the ground of armed rebellion.
                Now Article 358 comes into play only when emergency has been declared on the grounds of war and external aggression.
                Article 359 of the Constitution provides that during emergency, the President of India can, by order suspend the right to move any court for the infringement of any fundamental right.
Article 359(1A) further states that while such an order is in operation nothing shall restrict the power of the State to make any law or to take any executive action which the State would but for the provisions contained in that Part be competent to make or to take. Any such law to the extent of the incompetency shall cease to have effect as soon as the order ceases to operate except as regarding things done or omitted to be done before the law ceases to have effect. 
                Prior to the 44th amendment, even the enforcement of Articles 20 and 21 could be suspended.
                In the case of Shivakant Shukla v ADM Jabalpur[v], it was held by the Supreme Court that during the period of emergency there is no right to life and liberty and hence the writ of habeas corpus cannot be used. In this case, the Supreme Court did not acknowledge the right of persons held in unlawful detention as it stated that the courts have no right to question the validity of any law passed during the period of emergency.
                Now, in wake of the 44th amendment, the decision of the Apex Court has been held in a very bad light.
                However, after the 44th amendment, the enforcement of Articles 20 and 21 cannot be suspended.
Conclusion
                According to Bentham, the purpose of law is to achieve the greatest happiness of the greatest number. The various interests of the individuals and societies have to be balanced in such a manner that the greatest good is obtained.
                The various national and individual interests are to be enjoyed subject to the restrictions laid down by the other. Under the Indian Constitution, the interests of individuals are given paramount importance which cannot be infringed by the State except for in the cases of reasonable restrictions laid down in the Constitution itself. One of the reasonable restrictions on these interests is the national security and integrity.
In cases of national emergency, the individual interests are sidelined and the national interests are given a greater value so as to ensure the security of the State. The reason behind this is that the nation is superior to the individual and the preservation of the national interest will amount in the protection in the greater interests of the individuals at large. Thus, the national interests in such cases lead to the preservation of the interests of the majority.
                Thus, the national interests and the individual interests are balanced in such a manner that harmony is achieved; however in cases of national emergency, individual interests can be restricted on the ground of greater good.


[i] S.N. Dhyani Fundamentals of Jurisprudence at page308

[ii] S.N. Dhyani Fundamentals of Jurisprudence at pages308-309

[iii]S.N. Dhyani Fundamentals of Jurisprudence at pages308-309

[iv](1972)2 SCC 788

[v] (1976)2  SCC 521

Monday 20 June 2011

Government power to carry on any business or trade with special reference to Public Utility Services

Introduction
                Bentham, the founder of the Analytical school of Jurisprudence, dethroned the natural law from its high pedestal and replaced it by a logical scientific working principle of Utility - the hedonistic calculus of pleasure and pain to measure every law like other measurable things. He said that at every moment, a man’s object is to seek pleasure and shun pain.
                According to Bentham, the main objective of law is to attain maximum pleasure for the maximum number. In essence, Bentham’s hedonistic calculus measured every law in terms of ends or interests.
                The duty of the State is to provide for the protection of the laws and bring about the feeling of pleasure for the maximum number of people.
                The modern concept of State is of a welfare state which strives to fulfill the basic requirements of its people. The concept of State has shifted from patriarchal to matriarchal society and with it the State has undertaken upon itself the duty to provide the basic requirements of its people, for which it has entered into the field of business or trade especially in the field of public utility services.
                Article 39 of the Constitution of India further provides for the welfare activities of the State. Clause (b) lays down that the ownership and control over the material resources of the community is so distributed as best to serve the common good.
                Clause (c) provides that the State shall direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
                Thus, the concept of the welfare State is inherent in the Indian Constitution and the State is empowered to carry on any trade or business in the interest of the public good. It is also an acceptance of the Gandhian philosophy of universal good. Though Article 39 is a non-justifiable right, it is sacrosanct as far as the framing of government policies is concerned.
 Government power to carry on business or trade
                Article 19(1)(g) of the Constitution of India guarantees to all citizens of India have the right to practice any profession or to carry on any occupation or trade or business. However, this freedom is not uncontrolled and Article 19(6) further lays down that the State can impose reasonable restrictions on this right in the interest of the general public and can carry on any trade or business to the exclusion of private citizens, wholly or partially. Thus, the government can, in the interest of public good, take up any business or trade, whether along with the private sector or to the exclusion of the same. The government can prohibit private enterprises from entering into certain specific fields of business and trade if it feels that the interests of the general public shall be adversely affected by the same.
State trading and monopoly
                Article 19(6) authorizes the State to carry on any trade or business to the exclusion of private citizens either wholly or partially. Thus, the government can create any monopoly in its own favor in the interest of the public good. The reason for the government to exclude other parties from carrying on certain businesses or trades is that there are certain services or goods which are required for the development of the country and the upliftment of the people. These are those trades which are in the interest of the public good.
                In the case of Association of Registration Plates v Union of India and others[i] it has been held by Mathur J. that “Under Article 19(6)(ii) the State is free to create a monopoly in favor of itself but while doing so the entire benefit arising there from must go to the State and it should not be used as a cloak for conferring private benefit upon a limited class of persons.”
                In Saghir Ahmad v State of Uttar Pradesh[ii] , the Supreme Court observed that the clause (ii) in Article 19(6) has been introduced with a view to provide that a State can create a monopoly in its favor in respect of any trade or business.
                Article 298 further provides for the power to carry on trade, etc.
It states that- “The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to the acquisition, holding and disposal of property and the making of contracts for any purpose:
Provided that-
(a)          the said executive power of the Union shall, in so far as such trade or business or such purpose is not one with respect to which Parliament may make laws, be subject in each State to legislation by the State; and
(b)          the said executive power of each State shall, in so far as such trade or business or such purpose is not one with respect to which the State Legislature may make laws, be subject to legislation by Parliament.”
                Articles 298 and 19(6) clearly indicate that the State can carry on business and can even exclude citizens completely or partially from carrying on that business[iii].
                Under Article 298, State can carry on an executive function by making a law or without making it. However, the exercise of such powers and functions by State is subject to the provisions of the Constitution particularly the Preamble, the Fundamental Rights and the Directive Principles of the State Policy[iv].
                In the governmental trade, business or contracts, generally a public element is involved. Wherever such element is involved they must satisfy the requirements of fairness required of public action.
Trade, commerce and intercourse within the territory of India
                Part XIII of the Constitution comprising of Articles 301 to 307 relates to the provisions regarding trade, commerce and intercourse within the territory of India.
                Article 301 provides for the freedom of trade, commerce and intercourse throughout the territory of India.  
                Article 301: “Subject to other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free.”
                The object behind this was to break down the border barriers between the States and to create one unit with a view to encouraging trade and commerce in the country.
                This freedom is subject to the nationalization laws referred to in Article 19(6)(ii).
                Article 302 empowers the Parliament to impose restrictions on free trade and commerce in public interest.
                Article 302: “Parliament may by law impose such restrictions on the freedom of trade, commerce or intercourse between one State and another or within any part of the territory of India as may be required in the public interest.”
                The restrictions imposed must be reasonable in order to serve the public interest.
                Article 303 lays down restrictions on the law making power of the Parliament and the State Legislatures regarding the preference to one State over another.
                However, Article 303(2) empowers the Parliament to make laws giving preference to states facing scarcity of goods.
                Article 303: “(1) Notwithstanding anything in article 302, neither Parliament nor the Legislature of a State shall have power to make any law giving, or authorizing the giving of, any preference to one state over another, or making, or authorizing the making of, any discrimination between one State and another, by virtue of any entry relating to trade and commerce in any of the Lists in the seventh schedule.
(2) Nothing in clause (1) shall prevent Parliament from making any law giving, or authorizing the giving of, any preference or making, or authorizing the making of, any discrimination if it is declared by such law that it is necessary to do so for the purpose of dealing with a situation arising from scarcity of goods in any part of the territory of India.”
                Article 304 empowers the states to make laws imposing tax on goods as well as imposing reasonable restrictions on the freedom of trade, commerce and intercourse.
                Article 304: “Notwithstanding anything contained in article 301 or article 303, the Legislature of a State may by law-
(a)          impose on goods imported from other States or the Union Territories any tax to which similar goods manufactured or produced in that state are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced; and
(b)          impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest:
Provided that no Bill or amendment for the purposes of clause (b) shall be introduced or moved in the Legislature of a state without the previous sanction of the President.”
                Article 305 saves the existing laws providing for state monopolies.
                Article 305: “Nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the President may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the Constitution (Fourth Amendment) Act, 1955, in so far as it relates to, or prevent Parliament or the Legislature of a State from making any law relating to, any such matter as is referred to in sub clause (ii) of clause (b) of article 19.”
                Article 307 provides for the appointment of authority for carrying out the purposes of Articles 301 to 304.
                Article 307: “Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.”
                However, till date, no action has been taken under this provision.
Growth and development of public enterprises
                With a view to achieve an economic regeneration of the country, and to improve the socio economic well being of the people, the Government of India has enunciated the goal of setting up in the country a socialist pattern of society.
                The Industrial Policy Resolution of 1956 laid down that all industries of basic and strategic importance, or in the nature of public utility services, should be in public sector. Other industries, which are essential and required investment on a scale which the State alone could make, must also be in the public sector.
                The Industrial Licensing Policy of 1970 put greater emphasis on the development of public enterprises.
                A new policy was announced on 23rd December, 1977 which also laid emphasis on the promotion of the public sector.
                The air transport was nationalized in 1953, life insurance in 1956 and fourteen banks in 1969.
                The government also took over a number of sick units from private hands with a view to protect the jobs of the workers keeping in view the fact that the loss of jobs due to the closure of the enterprise would on the one hand adversely affect the growth of the economy at large and at the other bring down the public morale.
                The dominant purpose in starting the public enterprises has been public good, and not profit motive and in many cases, it has been observed that the public sector enterprises have turned into major burden on the exchequer.
Classification of public undertakings
                Functionally, public undertakings maybe classified under four heads:
(1)          Financial institutions, such as, Life Insurance Corporation of India, Reserve Bank of India, Unit Trust of India, etc
(2)          Promotional and Developmental undertakings, such as, Rehabilitation Housing Corporation Limited, Food Corporation of India, National Small Industries Corporation Limited, etc
(3)          Commercial and Industrial undertakings, such as, State trading Corporation, Hindustan Machine Tools Limited, Indian Airlines Corporation, Air India, etc
(4)          Public utilities are those undertakings which render certain essential services to the people, like transportation, electricity, communications, energy, etc. The objective of such undertakings is to provide services to the community economically and efficiently and making profit is not the primary aim[v].
Public utility services
                Section 2 (n) of the Industrial Disputes Act, 1947 lays down the definition of public utility services to mean-
“(i) any railway service or any transport service for carriage of passengers or goods by air;
(ia) any service in, or in connection with the working of, any major port or dock;
(ii) any section of an industrial establishment, on the working of which the safety of the establishment, or the workmen employed therein depends;
(iii) any postal, telegraph or telephone service;
(iv) any industry which supplies power, light or water to the public;
(v) any system of public conservancy or sanitation;
(vi) any industry specified in the First Schedule which the appropriate government may, if satisfied that the public emergency or public interest  so requires by notification in the Official Gazette declare to be a utility service for the purposes of this Act, for such period as may be specified in the notification.”
                The Government is authorized to issue declaration only in respect of the industries enumerated in the First Schedule and there must be proved necessity for doing so. It must be in the interest of public or there must be public emergency to do so.
                Public utility services are those services which fulfill some of the basic requirements of the public. They provide for the infrastructure for the development of the country.
Reasons for government monopoly
                Following the hedonistic calculus of Bentham, the State has adopted the welfare policies as its duty. The reasons for having public utility services in government sector are-
(1)          The change from the patriarchal to matriarchal form lead to the State taking up welfare activities in order to provide the basic requirements to all its citizens.
(2)          For the equal distribution of resources to the public at large at a reasonable price required that the government should take up those businesses.
(3)          Certain industries like the railways, airlines require the investment of heavy capital and as these provide basic amenities like communication , the government alone being capable of making such investment, had to take up these activities.
(4)          Sometimes in order to cut through heavy competition relating to basic goods, the government takes up the business.
The various public utility services have been undertaken by the government in the interest of the public good. Article 19(6)(ii) authorizes the government to take up any trade or business in the interest of the public good to the exclusion of the private citizens, either wholly or partially.
The railways is one such service which is held in the government hands to ensure the carriage of goods as well as passengers from one place to another at reasonable rates. Further, the establishment of railways requires heavy investment which only the government can undertake.
Conclusion
                The Constitution of India has empowered the State to carry on any trade or business in the interest of the public good. The public utility services are necessary for the good of the public as they fulfill the basic requirements of the people.
                The public utility services are held in the hands of the government to provide the basic requirements to all the citizens at reasonable rates.
                Thus, the government has immense power to carry on any trade or business in the interest of the public good. As the interest of the public is concerned, the same has to satisfy the criteria laid down under the provisions of Articles 14 and 21.


[i] (2004)5 SCC 364
[ii] AIR 1954 SC 728
[iii] Union of India v Ladu Lal Jain AIR 1963 SC1681
[iv] Eluasian Equipment and Chemicals Limited v State of West Bengal (1975)1 SCC 70
[v] M.P.Jain and S.N.Jain, “Principles of Administrative Law” at pages 946-947.

Sunday 19 June 2011

Sustainable Development

The dictionary meaning of the term ‘environment’ is the surroundings, external conditions which influence life and includes all living creatures as well as non living components of the planet Earth taken together with all the events that occur.
Every living organism, including man is dependent upon its environment though man is the only creature which can make alterations in the same. However with the growth of science and technology, these alterations became so great that they started degrading the environmental conditions.
Expressing concern over this degradation, representatives of 113 countries met at Stockholm1 in Sweden in the year 1972 and evolved the concept of sustainable development.Sustainable development is the process by which the needs of the present are satisfied without hampering with the aspirations of the future. In this process, both the industrial as well as other developmental processes are involved.
Thus, Sustainable development means industrial development in such a way that the environment is not harmed and involves the following :
1.     Use of renewable source of energy.
2.     Recycling and reuse of waste
3.     Prohibition on over exploitation of natural resources.
The Stockholm conference was a landmark step in the field of environmental laws as here for the first time concerns over the environmental degradation were raised and the sustainable means of development were discussed.
In the year 1982, another conference was held at Nairobi to celebrate the tenth anniversary of the Stockholm conference and to further develop the law relating to sustainable development. Further, the World Commission on Environment And Development was established here to monitor the various developments in this field.
The year 1992 was another landmark year as the earth Summit was held at Rio to further develop the concept of sustainable development. Here, various principles regarding the sustainable methods of agriculture and industrial development were laid down.
Finally, in the year 1997, various principles on sustainable development were laid down in the Kyoto Protocol to the United Nations Framework Convention on Climatic Change. With this protocol, all the major principles for the promotion of sustainable development were laid down.
Following the Stockholm declaration, of which India was a signatory, by the 42nd Constitution (Amendment) Act, 1976, two new Articles (Article 48-A and Article 51-A (g)) were added in the Indian Constitution which made the environmental protection a duty of both the State as well as the citizens. Exercising its legislative power given under Article 253, the Parliament of India has also enacted a number of laws for the protection of the environment that are as follows:
1.     The Air (Prevention and control of Pollution) Act,1981
2.     The Water (Prevention and control of Pollution) Act, 1974
3.     The Wildlife (Protection) Act, 1972
4.     The Environment (Protection)Act, 1986
Further, the various five year plans also emphasized upon the sustainable methods of development.The Indian law courts have also adopted the concept of sustainable development while dealing with environmental litigation and have included the same under Article 21 as a part of right to life2 .
In the Vellore case3, it was defined as the balancing concept between ecology and development. Under the concept of sustainable development, the law courts have evolved two new principles4 that are :
1.Precautionary principle
2.Polluter pays principle
1.     Precautionary Principle –
It states that it is better to avoid any project that can harm the environment. It means that where it is possible to foresee the damage, the project or method of development should be altered or in case be  avoided.
2.     Polluter pays Principle –
It states that any person, whose activities lead to pollution shall be liable to make compensation both to the individual sufferers as well as for the improvement of the damaged environment. It is the liability of the person
whose activities damage the environment to make good the same. He has to pay the cost of the damage done by him.
Thus, the concept of sustainable development is the common anthem of both the industrialist as well as the environmentalist.
The concept of  sustainable development has varied applications as under
1.   Sustainable development and land use
The concept of sustainable development plays a major role where land use is concerned. Its applicability lies wherever mining, construction or any other activity is to be undertaken. It helps in maintaining a proper balance between environment and land use.
2.   Sustainable development and ecology
Sustainable development is also instrumental whenever ecological concerns are raised. For the protection of various life forms and their habitats , this concept is sought for.
3.   Sustainable development and coastal zone management
Coasts are very fragile areas. Their ecology is also very fragile and faces danger from municipal wastes and other forms of construction s on the sea coasts. Sustainable methods of development are used for protecting these areas.
4.   Sustainable development and large projects
Large projects present major damage to the environment. These require the maximum monitoring to prevent environmental degradation and thus, this concept has the maximum applicability here. However, while applying the concept, courts have to pay attention at the benefits of the project. This concept has its applicability in determining the benefit of the maximum.
The problems regarding the application of the principle arise from the fact that in a developing country, it is not possible to ignore and set aside the industrial development, as by doing the same the economy of the nation will suffer and therefore the principle will have a limited application. However, in order to avoid the over exploitation of the natural resources the principle comes into play. It has the major application where developmental activities can lead to the problems related to pollution and the destruction of the natural environment. However, while applying the doctrine, the developmental processes cannot be ignored. Sustainable development lies in balancing the developmental activities with the environmental issues.
For the appropriate sustainable development, it is suggested that van panchayats at village and town levels are formed. Further, laws for the implementation of the same as well as provisions for rewarding people working in the field should be made by the government. All developmental activities should be scrupulously monitored so as to protect the environment from damage.
In the end, it can be said that the concept of sustainable development is the need of the hour where large scale development is posing a threat to both the environment as well as the life.
1.United Nation’s conference on human environment was held at Stockholm in Sweden in the year 1972.
2.Subhash Kumar v State of Bihar 1991 SC 420
3.Vellore citizen’s welfare forum v UOI  AIR 1996 SC 2715
4. Vellore citizen’s welfare forum v UOI  AIR 1996 SC 2715