The Expanding Scope of the Polluter Pays Priniciple : Insights from Recent Indian Judicial Decisions

Author(s)	Dr. Dimpal Mesta, Ms. Apoorva Shetty
Country	India
Abstract	The Polluter Pays Principle has surfaced as a foundational principle of environmental law, aimed at ensuring that the costs of environmental damage are borne by those responsible for pollution. This paper examines the expanding scope of the Polluter Pays Principle in Indian environmental jurisprudence, with a focus on recent judicial decisions. The study adopts a doctrinal and analytical approach, examining international environmental instruments and landmark judgments of the Supreme Court and the National Green Tribunal. The paper argues that Indian courts have converted the Polluter Pays Principle from a compensatory concept into a robust liability doctrine encompassing ecosystem restoration, deterrent penalties, and state accountability. Judicial reliance on international environmental conventions has further strengthened the constitutional status of the principle. The paper concludes that while judicial innovation has significantly advanced environmental accountability, effective implementation requires stronger regulatory mechanisms and uniform standards for assessing environmental damage.
Keywords	Polluter Pays Principle, Judicial Decisions, International Conventions, Global Development, Indian Perspective.
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-03-19

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