Environment protection and conservation not only requires public awareness but also legislative support. Where equality before law, supremacy of law and non-arbitrariness is the guiding principle of the law of the nations, it is incumbent that the ecology must be protected with strong legislative and administrative force. Albert Venn Dicey's Rule of law[1] entails the very essence of law-making procedure whereby the law should not be violated which has to be the main essence of establishing a welfare state where preservation of environment is of crucial consideration. Not just a roadmap to law making and institutional design but more as a cluster of values that might formulate best administrative design for its pursuance.

Having such exuberant legal theory, implementation of an environment legislation is apt if it follows the formers footprints i.e. the environmental laws supposed to have the tendency of becoming a legal obligation then the idea of rule of law can truly reflect from the regulation and procedures of environment conservation authorities. The sheer lacking in the interpretation of the concepts fabricates the dignified claim of the subsequent legislation's objective.

This study tries to draw comparative analysis between the concept of rule of `law and environmental legislations with the aim to briefly examine the possible nexus of law- making procedure and law making for preservation of environment that is inevitable for our survival and sustainability. The very aim of this study is to comprehend how the current environment legislations of India is tainted with the concept of rule of law and in what manner and how administrative procedures and governance showcase the aim and objective of the concept of 'Rule of Law'.

Introduction
Good governance around the globe can only be established when the legislation reflects moral values and ethical norms of behaviour providing a foundation stone for implementation of social and obligation. The concept of rule of law entails the pillars of good governance. It is the work of strong legislation that keeps the perils of human activities in check and where laws are treated like puppets of human will, they lose their primacy, therefore it is crucial for laws to become a supreme order.

For the law to become supreme order the political sovereign in the ideas of John Austin shall act as the head of the state whose command shall become law but at the same time no sovereign shall be above the law[2]. It is impediment for the laws to become a command that it reflects the objective of the preamble of the nations, the ideas that has been put forward through the writings of the eminent law makers and there shall be preservation of people's morals and civil rights. The wrongs in the society has to be curbed by the effective implementation of the laws with the command of the sovereign that the wrongdoer shall be personally liable to the injured.

Pillars Of Rule Of Law And Nexus With Environmental Laws:

1. Supremacy Of Law And Formulating Environmental Laws

   The legal nomenclature backed by supremacy of law is extended to formulation of penal laws, contract and finance laws, property laws, environment laws and most importantly the constitution law. It can be well put together that Constitution law acts as the supreme law of the land and no other laws or citizens act can violate such law. To analyse the ways rule of law has a mark on environment legislation , it can be found from the very principles of rule of law that if the supreme law calls for the protection of the environment in which the citizen thrive and the laws commands the citizens no to vitiate the natural order it attempts to consider the pivotal character of respective law making in response to environment protection.
   
   Considering the increasing environmental pressures of climate change and increasing anthropogenic activity there is widespread biodiversity loses, water scarcity, air and water pollution, soil degradation, among others, contributing to poverty and to growing social inequalities[3]. The perils of environment degradation require a strong legal backing in order to make the citizens aware of the climate change and destruction it brings with it. The rule of law in environmental issues are meant for ameliorating the sustainable goals, promotion and protection of the environment and equitable benefit sharing. One domain of International law has shown remarkable escalation unlike other fields is that of environmental law due to the ever- increasing environmental complexities[4].
   
   The growth of environmental laws has been made in order to address ecological imbalances and triggering institutional reforms impacting international environmental legal regimes. In the United States Clean Water Act, Clean Air Act controls air and water pollution, the Comprehensive Environment Response Compensation and Liability Act (CERCLA) governs cleanliness against contamination from hazardous substances, the National Environmental Policy Act regulates federal agencies to assess the environmental impact of their proposed actions.
   
   In the international domain environment pollution control laws has been implemented to put a check on the recurrent degrading anthropogenic activity calling for ecological imbalance and climate change. In the United Kingdom Control of Pollution Act 1974, Environment Protection Act 1974, Climate Change Act 2008, The Energy Act 2011 listed as pollution control laws to reduce the risk of environment and health by taking governmental action against such degradation.
    

2. Predominance Of Legal Spirit And Judicial Activism

   The second principle of rule of law stresses on judge made constitution, which in fact is the ideology of the skeptics. The realist school visualises the ultimate effect of any legislation lies with the judicial interpretation. The application of the judicial minds and usage of judicial precedents formulates a profound law easy to tackle the social evils. In terms of environmental regulations the importation of global legislation is the key to formulate codified regulations for the maintenance of social safety.
   
   Environmental awareness and appreciation towards natural beauty flora and fauna are the motive behind prevention of pollution, deforestation, poaching. With the help of judicial interference critical analysis over environmental issues and sense towards instilling environmental responsibility and stewardship is possible[5]. Critical thinking abilities to analyse the problem of climate change helps to suggest innovative solutions for managing climate change issues and decision making.
   
   Application of judicial minds has become crucial for law making for the reason of giving importance to value to nature, conservation and environmentally friendly practises through social activism and acceptance of people's ideas. Taking a leap from the orthodox common law system judiciary today gives importance to real-world experiences that allow the parties as well as the legislature to gain knowledge about social needs and useful alternatives and actively participate in environmental projects facilitated by the government.
   
   The main role of judiciary has been to keep the executive authorities at check in matters relating to environmental issues and enforcement of laws there for.[6] Since protection of environment is not only a legal right but a fundamental right and duty as well the courts takes the environmental issues within their ambit by passing appropriate orders. But this judicial act shall not be regarded as courts having usurped the functions of legislature and executive[7].
   
   The purpose of legal interpretation by the judges is only to see that if there is a complaint by a petitioner regarding the infringement of any constitutional or other legal right, in any matters whatsoever, as a result of any wrongful action or inaction on the part of the State, then such wrong should not be permitted to continue and is subject to penalty[8]. In consideration to environmental matters and global initiatives taken by all countries focus has been is preservation of ecology without hampering economic development, that the wheels of the economy shall be moving but the environment must not be injured. This the main aspect of ensuring sustainable development[9].
   
   The outcome of the Rio Earth Summit 1992 has been wisely implemented by India having a tide if judicial considerations in environmental legislations symbolizing the anxiety of the courts to find immediate and possible remedies for environmental maladies[10]. The first case related to environment protection and ecological balance in India was R.L.& E. Kendra, Dehradun v. State of U.P. (Doon Valley case)[11].
   
   The "Principle of Absolute Liability" has been enforced with the Bhopal Gas leak case[12]; "Doctrine of Public Trust" taken from the Roman law and US courts has been put forward in M.C Mehta v. Kamal Nath[13], while the "Precautionary Principle" taken form Principle 18 of Stockholm declaration 1972 and Principle 15 under Rio Earth Summit 1992 was applied by Supreme Court of India in M.C. Mehta v. Union of India[14] (Taj Mahal Case) and "Polluters Pay Principle" based on Principle 16 of Rio Earth Summit 1992 in Vellore Citizen's Welfare Forum v. Union of India[15] (Tamil Nadu Tanneries Case). Both these principles had been inserted in the various environmental legislations in India like The Environment (Protection) Act 1986, The National Green Tribunal Act 2010, The Water (Prevention and Control of Pollution) Act, 1974, The Air (Prevention and Control of Pollution) Act, 1981, The Wildlife (Protection) Act, 1972 etc.
    

3. Equality Before Law And Equitable Sharing Of Natural Resources

   Rule of Law requires that there must be equality before law which is very important for enforcing the predominance of legal spirit. It is essential that the natural resources and reserves must be treated as natural bounties and is not subject to private ownership. The natural resources are genuinely treated as the property of the state and over which all the citizens.
   
   In the case Centre for Public Interest Litigation v. Union of India (2G Spectrum Case)[16] the Supreme Court ordered that the state has to abide itself by Article 14 of the Constitution of India at the time of allocation of natural resources as there exist a fiduciary relationship between the citizens and the government for the safety of natural resources and government cannot just allocate resources in such a way that it only benefits a single person. In a recent judgement of the Patna High Court it has been observed that land being a natural resource it belongs to the people and is not subjected to be handed over by the State as largesse to its handpicked persons which is a violation of Article 14 and Article 39(b) of the Constitution of India.
   
   In the Constitution of India Article 21, 48A, 51-A(g) deals with the protection of environment entailing the duty of the citizens of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures. The Supreme Court observed that the Public Trust Doctrine is a part of the law of the land. The State also has to act as a trustee for the benefit of the general public in relation to the natural resources so that sustainable development can be achieved in the long term[17].

Overview Of Environmental Rule Of Law (EROL)

Rule of law has been a guiding principle of governance where all persons, institutions and entities, public and private of a State must abide by the laws, which a equally enforced, independent and adjudicated for the welfare of the society[18]. Thus, in order to curb the escalating environmental pressure from growing anthropogenic activities and climate change causing extinction of biodiversity, pollution, water scarcity and global warming environmental legislations must take the attributes of the principles of rule of law for smooth governance and yearning sustainable development. Environmental rule of law integrated the essential environmental needs with the essential principles of rule of law prioritizing sustainability drawing nexus with the fundamental rights and obligations.

The main goal is to ensure fair, clear and implementable environmental laws, ensuring public participation in decision making process, accessing justice and information in environmental matters as per Principle 10 of the Rio Declaration, accountability integrity of institutions, fair equitable accessible and impartial dispute resolution, recognition of mutual relationship between human rights and the environment and adequate interpretation of environmental laws[19]. Through environmental rule of law, the objective is to picturise the universal moral values and ethical norms of behaviour towards preserving the environment and to bring resilience against any arbitrary, subjective or unpredictable environmental legal rights and obligation under environmental governance[20].

In 2013, the United Nations Environment Programme (UNEP) adopted Decision 279, on Advancing Justice, Governance and Law for Environmental Sustainability, which introduced the term 'Environmental Rule of Law'. In order to bring a positive legal framework for checks and balances to bring about sustainability the environment rule of law has been incorporated in various legal systems globally into their economic as well as heath care sectors[21].

Environment rule of law was first applied in India by the Supreme Court in Hanuman Laxman Aroskar v. Union of India[22] wherein Court emphasized on the application of environment legislations within the ambit of rule of law paradigm as a fundamental need to promote environment sustainability ensuring sound health of our ecosystem[23]. The nexus between environment legislations and rule of law helps to make effective, accountable and transparent institutions for regulation of environmental legal norms.

Nonetheless, such sound governance promotes unhindered public access to information and responsive, inclusive, participatory and representative decision making in preserving the rule of law. Guarantee against arbitrary action under Article 21 and affirmative duty of fair treatment under Article 14 has been recognized as the perfect instance of effect of rule of law over environmental legislations in India.

Conclusions and Recommendations
The legislative statutes require adequate interpretation for the perfect enforcement. Environmental sustainability is a vision of a welfare state, to establish it in its full glory there must effective execution of legal mechanism. The basic pillars of Rule of Law must be properly ascertained in the law-making procedure. Dealing with the concept of equality before law the unreasonable classification of powers and arbitrary executive functionaries ruin the sustainability objective of environment law.

Under the Indian Constitution the state has the power to make laws for environment protection as per the powers given by the Concurrent List but under Article 249 the Union has the superior authority in terms of law making. The Union in some cases at greater footing than the states and brings about arbitrary rules. It is thereby required a clear division of powers between the Centre and the State. With this particular concept it is very difficult to ascertain the Supremacy of law because it is delusional about which laws should be followed when the Centre and the State are heading the law-making game together.

In India the Central Pollution Control Board advises the Central Government to prevent and control water and air pollution to the Governments of the States and of Union Territories for industrial and other sources of pollution. While the State Pollution Control Board advises the respective State Government for pollution control. Both the boards work under the aegis of The Environment Protection Act, The Water Prevention and Control of Pollution Act and Air Prevention and Control of Pollution Act. In this overloading advisory the enforcement of environment sanctity is kind of delusional, that must be curbed.

The concept of equality before law and supremacy of law stands at a disputing position due to overarching legislative actions and no reasonable outcome can be achieved when both the centre and the state has equal and unprecedented power over the same issue. In India, the judicial review is considered as one of the basic features of the Constitution and judicial rationale has been given immense importance.

In India the rule of absolute liability enforced after the Bhopal gas leak tragedy has been so applied in various subsequent cases but the rule of strict liability has not be correctly applied in the Indian legal domain due to lack of proper interpretation and analysis and that seems to be bias in terms of legal ethics and morality and also to strongly hold the person responsible for any menace rather than give retrospective effect on exceptional grounds that are present under the rule of strict liability as per the circumstances of the case.

Where the law gives a narrow approach towards curbing menace rather than giving an adequate reasoning and checking all the boxes of reasonable grounds it thereby defeats the very principles of rule of law. Therefore, in order to effectively apply the rule of law and complement the environmental legislations it is necessary that the various legal principles must be given justified analysis rather than directly approaching to the absolute grounds.

End Notes:

1. A.V. Dicey 'Introduction to the study of the law of the Constitution' Macmillan (edn. 1885) accessed 15 December 2023
2. https://ora.ox.ac.uk/objects/uuid:730202ce-f2c4-4d2f-9575-938a728fe82a/download_file?file_format=application%2Fpdf&safe_filename=D.Phil%2BThesis_Dhvani%2BMehta.pdf&type_of_work=Thesis accessed 19 December 2023
3. https://www.unep.org/explore-topics/environmental-rights-and-governance/what-we-do/promoting-environmental-rule-law-0 accessed 19 December 2023
4. Edith Brown Weiss, The Evolution of International Environmental Law, 54 Japanese Y.B. INTL. (2011)
5. https://www.law.georgetown.edu/environmental-law-review/wp-content/uploads/sites/18/2020/08/GT-GELR200021.pdf accessed 27 December 2023
6. Dr. Paramjit S. Jaswal, Dr. Nistha and Vibhuti Jaswal, Environmental Law Allahabad Law Agency(2016)
7. Ibid
8. Consumer Education and Research Society, Ahmedabad v. Union of India, (2005) 10 SCC
9. Susetha v. State of Tamil Nadu, (2006) 6 SCC 543
10. T.N. Godavaram Thirumalpad v. Union of India, (2002) 10 SCC 606
11. A.I.R. 1985 S.C. 652
12. 1989 SCC (2) 540
13. (1997) 1 SCC 388
14. (1997) 2 SCC 353
15. (1996) 5 SCC 647
16. (2012) 11 SCR 873
17. https://supreme.justia.com/cases-by-topic/climate-change-environment/ accessed 5 January 2024
18. https://www.nios.ac.in/media/documents/333courseE/23.pdf accessed 10 January 2024
19. Arnold Kreilhuber,'Environmental Rule of Law in the Context of Sustainable Development'e accessed 15 January 2024
20. Issue Brief, Environment Rule of Law: Critical Sustainable Development, https://wedocs.enep.org/bitstream/handle/20.500.11822/10664/issue-brief-erol.pdf accessed 10 January 2024
21. Colin C. Williams and Andrew C. Millington,'The Diverse and Contested Meanings of Sustainable Development '[2004] The Geographical Journal 370(2)
22. (2019) 15 SCC 401
23. Bengaluru Development Authority v. Sudhakar Hegde, (2020) 15 SCC 63