To Intervene or to not Intervene…That is the Question…
(A case comment on Stella Silks Ltd. v. State of Karnataka)
Jindal Global Law School, India.
Volume III, Issue IV, 2020
The present case comment focuses on the case of Stella Silks v. State of Karnataka. This judgement is usually not addressed by many but if one looks at this case it shows the kind of loopholes present in the Indian Environmental laws and how courts are helpless but to follow the law. On one hand, we see that the courts pass the lawfully right judgements in regard to the issues which come to the courts but what comes into the question is the implementation of the pronounced judgement by the Pollution Control Boards of both the Central and State Governments and correctness of the law as such. If we look at the Indian Water (Prevention and Control of Pollution) Act, 1974 [Act], the Stella Silks judgement is lawfully correct but if one reads the judgement many questions arise one of which is the proportionality between the damage done by the accused and the penalties imposed on the accused for its misdeed. This case comment points out and questions some few such lapses in the law itself, it also talks about the Court’s interference when an order is passed under Section 33A of the Act which is considered to be one of the most powerful section as it provides the power to the members of the board, there have been Constitutional law judgements which were against the judicial review of the board’s order, but later on it was held that such judicial review in not violating the Basic Structure Doctrine. I personally think that the judgement is lawfully correct and I support it for the light it throws on the ecological preservation but what is questionable here is the law itself.