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Constitutional Provisions Regarding Environment

The Indian Constitution establishes a framework for environmental protection through various articles that embed the right to a clean environment within fundamental rights. Key provisions, such as Articles 21, 48-A, and 51-A(g), highlight the responsibilities of both the state and citizens in preserving the environment, while judicial interpretations have reinforced these rights through landmark cases. The Constitution also enables legislative action and judicial review to address environmental issues, reflecting a commitment to sustainable development and public welfare.

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17 views3 pages

Constitutional Provisions Regarding Environment

The Indian Constitution establishes a framework for environmental protection through various articles that embed the right to a clean environment within fundamental rights. Key provisions, such as Articles 21, 48-A, and 51-A(g), highlight the responsibilities of both the state and citizens in preserving the environment, while judicial interpretations have reinforced these rights through landmark cases. The Constitution also enables legislative action and judicial review to address environmental issues, reflecting a commitment to sustainable development and public welfare.

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parvezabdulrauf804
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Introduction:

1. Before the enactment of specific environmental laws in India, environmental protection


was primarily governed through constitutional provisions and judicial interpretation.
2. The Constitution, especially through Articles 21, 48-A, and 51-A(g), laid the foundation
for safeguarding the environment by embedding the right to a clean and healthy
environment under the broader ambit of the Right to Life.
3. However, the formal legislative framework for addressing pollution and environmental
degradation began to evolve significantly after the 1972 Stockholm Conference on the
Human Environment.
Constitutional provisions:
1. Fundamental Rights:
The Right to a Clean Environment is one of the implied Fundamental Rights under
Fundamental Rights (Part-III) as established by the judiciary using Articles 14, 19, 21, and 32.
I. Article 14: Article 14 ensures equality before the law and mandates that the State act
reasonably and without arbitrariness. In environmental matters, it ensures that
environmental policies are implemented fairly and that no community is
disproportionately burdened by environmental harm.
II. Article 19(1)(g): Freedom of Trade and Commerce: Article 19(1)(g) provides citizens with
the freedom to practice any trade or business, but this right is subject to reasonable
restrictions in the interest of public health and environmental protection. Under Article
19(6), the State can impose restrictions on businesses, especially when their operations
harm the environment.
III. Article 21: Article 21 guarantees the Right to Life and has been judicially interpreted to
include the right to a clean and healthy environment. Courts have recognized that life’s
quality is fundamentally dependent on a pollution-free environment.
M.C. Mehta v. Union of India (Delhi Commercial Case): This case addressed the issue of air
pollution in Delhi caused by industrial operations. The court ordered the relocation of
polluting industries outside residential areas, enhancing the right to clean air as part of
Article 21.
F.K. Hussain v. Union of India: The Kerala High Court held that the Right to Life under Article
21 includes the right to potable water, recognizing that access to clean drinking water is
essential for life.
Murli S. Deora v. Union of India: The Supreme Court banned smoking in public places,
linking second-hand smoke to public health risks, and declared that citizens have a right to
breathe clean air as part of their Article 21 rights.
IV. Article 32: Citizens can directly approach the Supreme Court if their fundamental rights,
including environmental rights under Article 21, are violated. The judiciary has used this
article to address environmental concerns through Public Interest Litigations (PILs).
M.C. Mehta v. Union of India (Ganga Pollution Case): The Supreme Court issued multiple
directives to prevent pollution of the Ganga River, establishing the right to a clean
environment under Article 32.
2. Directive Principles:
I. Article48-A: According to the article, “The State shall endeavour to safeguard the
country’s forests and wildlife, and to maintain and promote the environment.” It was
determined that residents of the nation had a basic right to a healthy, clean, and
decent environment in Sher Singh v. Himachal Pradesh.
Additionally, according to Article 47, one of the State’s fundamental responsibilities is to
“raise the level of nutrition, the standard of living, and the state of the public health of its
people.” Public health must be improved through environmental protection and
development.

3. Fundamental duty:
I. Article 51-A, Clause (g): This article addresses the fundamental obligations of citizens,
and indicates that it is the responsibility of every Indian citizen to preserve and
enhance the natural environment, including forests, lakes, rivers, and animals, as well
as to have compassion for all living things. As a result, both the State (Article 48-A) and
every person (Article 51-A(g)) have a responsibility to preserve and improve the
natural environment.
Other Constitutional provisions:
I. Article 246 and the 7th Schedule: Article 246 read with the 7th Schedule defines the
legislative powers of the Union and the States concerning environmental matters:
 Union List: The Parliament has exclusive powers to legislate on issues like atomic
energy, interstate rivers, and regulation of hazardous industries that have
environmental impacts.
 State List: States have control over areas like agriculture, land, and water
management.
 Concurrent List: Both the Union and the States can legislate on matters such as
forests and wildlife protection, giving flexibility for environmental governance.
II. Article 226: Article 226 allows High Courts to issue writs for the enforcement of
fundamental rights and for any other purpose. Citizens can invoke this article to seek
remedies against environmental violations, enabling judicial review of administrative
actions affecting environmental rights.
III. Article 253: Article 253 empowers Parliament to make laws for implementing
international treaties and agreements. This has been pivotal in enacting laws like the
Environment Protection Act, 1986, which aims to fulfill India’s obligations under
international environmental agreements.
Conclusion: The Indian Constitution, through various provisions, emphasizes the
importance of environmental protection while ensuring individual rights and state
responsibilities. Articles 14, 19, 32, 226, and 253 create a robust framework for safeguarding
the environment, facilitating judicial intervention, and enabling legislative action. The
judiciary has played a critical role in interpreting these provisions to uphold environmental
rights, demonstrating a commitment to sustainable development and public welfare.

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