In Memoriam: Late Justice Kuldip Singh, the Green Judge of India

Former Judge of Supreme Court, whose illustrious career became a beacon of hope for the development of environmental law in India, so much so that he even earned the moniker of “The Green Judge”, Justice Kuldip Singh passed away on 25-11-2024 at the age of 92 years¹.

An icon in the legal world, Late Justice Kuldip Singh left a remarkable legacy in the field of Environmental Law. His drive to follow the noble principles embedded in the legal profession and desire to answer the call of imparting justice was visible in several landmark decisions, which formed the pillars of Environmental Jurisprudence in India.

Late Justice Kuldip Singh was born on 1-1-1932 and enrolled as advocate in the Punjab High Court in November 1959 and was also a Part time lecturer Punjab University Law College from 1960-1971. Late Justice Kuldip Singh performed the responsibilities of Senior Standing Counsel for the Central Government in the Punjab and Haryana High Court at Chandigarh from 1971 to 1982. He then went on to become Advocate General, Punjab from May 1987 to August 1987 and later Additional Solicitor General of India from August 1987. He was also the President of Punjab and Haryana High Court Bar Association 1976-77².

Late Justice Kuldip Singh Appointed as Judge of Supreme Court of India on 14-12-1988 and retired on 21-12-1996.

*Did you Know: Late Justice Kuldip Singh was the 2nd Supreme Court Judge to be appointed directly from the Bar³.

A Green Legacy

Perhaps Late Justice Kuldip Singh’s legacy can be best understood by the fact that his dynamic approach towards issues concerning protection of the environment, not only made an indelible impact, but it in fact also became an instrumental force in laying the groundwork for evolution of Environmental Law. His judgments paved the way for many High Courts to constitute Green Benches to investigate matters impacting ecology.

Anyone who has studied Environmental Law must know the MC Mehta cases whose precedential value continues to remain unchallenged till date and which formulated significant founding principles for India’s Environmental Jurisprudence; and some of these groundbreaking cases were decided by Late Justice Kuldip Singh.

In M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388, Late Justice Singh effectively held that Public Trust Doctrine is a part of Indian Law which extends to natural resources such as rivers, forests, seas, air etc, for the purpose of protecting the ecosystem and held that State Government to be liable for committing breach of trust.

In M.C. Mehta (Taj Trapezium Matter) v. Union of India, (1997) 2 SCC 353, Late Justice Singh took a strict note of increased use of coke/coal by industries near Taj Mahal which was damaging the health of people living in the Taj Trapezium Zone (TTZ) and the world-renowned monument itself. Applying principles of Polluter Pays and Sustainable Development, Late Justice Singh held that onus is on the industries to show that their actions are not damaging the people and the monument and that the industries in TTZ must use natural gas as substitute for coke/coal.

Then in M.C. Mehta (Calcutta Tanneries’ Matter) v. Union of India, (1997) 2 SCC 411, Late Justice Singh took note of Calcutta Tanneries discharging toxic waste in River Ganga, thereby polluting the land and water. Once again Late Justice Singh held that “One who Pollutes, must pay” and directed Calcutta High Court to constitute a Green Bench to check compliance by the tanneries.

In B.L. Wadehra (Dr) v. Union of India, (1996) 2 SCC 594, he took to task the MCD and New Delhi Municipal Council for not performing their mandatory duties to clear garbage and to keep historic city of Delhi clean.

In S. Jagannath v. Union of India, (1997) 2 SCC 87, Late Justice Singh highlighted the harmful effects of shrimp farming on the ecology, especially on the Mangrove Ecosystem and held that Air Act and Environmental Protection Act and Rules will prevail over any State Acts in cases of inconsistency.

Late Justice Kuldip Singh’s decisions not just focused on the environmental aspects, but also finding reasonable solutions for many important issues; such as in Sodan Singh v. New Delhi Municipal Committee, (1989) 4 SCC 155, Late Justice Kuldip Singh concurred with the decision that Pavement Hawkers have right to carry on trade under Art. 19(1)(g) subject to reasonable restrictions under Art. 19(2) of the Constitution.

Late Justice Kuldip Singh was also part of Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 and Supreme Court Advocates-on-Record Assn. v. Union of India, (1993) 4 SCC 441, that emphasised the primacy of Chief Justice of India’s opinion on appointment of Judges.

The afore-said decisions reveal Late Justice Kuldip Singh’s drive to ensure that justice reaches all; but particularly his decisions ensured that the roots of Environmental Jurisprudence go deep so as to facilitate the flourishing growth of a significant branch of law. Late Justice Kuldip Singh truly embodied the spirit of Judicial Activism, which is reflected in his decisions as well.

Late Justice Kuldip Singh’s demise has left a gaping vacuum; however, at the same time the enduring legacy and integrity of the Green Judge will forever encompass us all and lead us in times of need.