MC Mehta vs the Union of India: Case Comment

Publication Information

Journal Title: South Asian Law Review Journal
Author(s): Hamzah Patel
Published On: 25/08/2023
Volume: 9
First Page: 141
Last Page: 147
ISSN: 2456-7531
Publisher: The Law Brigade Publisher

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Hamzah Patel, MC Mehta vs the Union of India: Case Comment, Volume 9, South Asian Law Review Journal, 141-147, Published on 25/08/2023, Available at


Through this case comment, I seek to bring out the essentiality and critique of the judicial pronouncement in the 1986 case of “MC Mehta Vs. Union of India” contextualizing the jurisprudential application Absolute liability under the framework set after the Shriram Food and Fertilisers Ltd. tragedy which was about application of article 21[i] and 32[ii] of constitution alongside the environmental laws. I will direct focus towards the judicial rationale creating a theoretical foundation for subsequent discursive analysis and seek to clarify the essence of replacement of strict liability with absolute. Ultimately, I attempt to engage in a consequential analysis while clarifying the possible implications of the judgment in a setting of increasing environmental and public health consciousness while also taking into consideration some of the tenets of the constitution of India. Utilizing such analysis, this draft attempt to shed light upon a few inevitable inadequacies of the decision.

[i] INDIA CONST. art 21.

[ii] INDIA CONST. art 32.

Keywords: MC Mehta Vs. Union of India, Shriram Food and Fertilisers Ltd., environmental laws, Delhi Cloth Mills Ltd.

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