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Why the Underdogs Came Out Ahead
A study of judgments by the Supreme Court in environmental cases from 1980 to 2010 shows that a majority of them have supported the issues raised by underdogs such as environmental NGOs against the practices or policies of the powerful such as governments and industrial units. But prominent exceptions to this have been the outcomes of cases challenging infrastructure projects. This paper seeks to explain how and why the Supreme Court has frequently decided in favour of weaker parties, and to analyse the implications of this for environmental jurisprudence in India.
I would like to thank Roopa Madhav and George H Gadbois, Jr for their comments on this paper. I am also thankful to an anonymous reviewer for comments on this paper.
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