Constitutional Provisions for Environmental Protection

 

🔹 1. Article 21 – Right to Life (Part III: Fundamental Rights)

• Guarantees the Right to Life and Personal Liberty.
• The Supreme Court has interpreted this to include the right to a clean and healthy environment.
• Key Case: Subhash Kumar v. State of Bihar, AIR 1991 SC 420 – Held that the right to pollution-free water and air is part of Article 21.

 

🔹 2. Article 48A – Protection and Improvement of Environment (Part IV: Directive Principles of State Policy)

• Inserted by the 42nd Amendment Act, 1976.
• Text: “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
• It guides the state in making eco-friendly policies and environmental laws.

 

🔹 3. Article 51A(g) – Fundamental Duties (Part IVA)

• Also inserted by the 42nd Amendment Act, 1976.
• It is the duty of every citizen of India to:

“Protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”

• Imposes a moral responsibility on citizens to protect the environment.

 

🔹 4. Article 14 – Equality before Law (Part III: Fundamental Rights)

• Any arbitrary action affecting environmental health and safety may be challenged under Article 14.
• The State must act reasonably and not discriminate in granting permissions for hazardous industries.
• Case Law: Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715 – Principles of Sustainable Development were applied under Art. 14 & 21.

 

🔹 5. Article 19(1)(g) – Freedom to Practice Any Profession

• The freedom to carry on any occupation or trade is subject to reasonable restrictions under Article 19(6).
• Environmental regulations are valid restrictions on polluting industries.
• Example: Closure of industries violating pollution norms is not violative of Article 19(1)(g).

 

🔹 6. Article 243G & Schedule XI – Powers of Panchayats

• Schedule XI, read with Article 243G, empowers Panchayats to deal with matters including:
• Water management
• Soil conservation
• Forestry
• Animal husbandry
• Provides a constitutional basis for decentralised environmental governance at local levels.

 

🔹 7. Article 243W & Schedule XII – Powers of Municipalities

• Schedule XII, read with Article 243W, empowers municipalities in relation to:
• Urban forestry
• Protection of the environment
• Public health and sanitation
• Ensures environmental management in urban local governance.

 

🔹 8. Article 32 & 226 – Constitutional Remedies (Writ Jurisdiction)

• These empower the Supreme Court and High Courts to issue writs in cases of environmental degradation.
• Public Interest Litigations (PILs) have been filed under these Articles to protect the environment.
• Example: MC Mehta series of cases on Ganga pollution, vehicular emission in Delhi, etc.

 

🔹 9. Article 39(b) & (e) – Directive Principles of State Policy

• Art. 39(b): Distribution of resources to serve the common good.
• Art. 39(e): Protection of workers and children from hazardous work environments.
• These principles support sustainable and equitable use of natural resources.

 

🔹 10. Article 47 – Duty of the State to Improve Public Health (Part IV)

• Imposes a duty on the State to raise the level of nutrition and standard of living and improve public health.
• Environmental health is directly connected with public health.