Wednesday, 14 January 2026

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Drafting

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CONTENT OF LEGAL DRAFT BUNDLE!

Acknowledgement
Adoption
Affidavit
Agreement
Application
Appointment
Apprenticeship
Arbitration
Assignment
Banking
Bond
Classification of Offences
Company
Composition Deed
Consumer Protection Act
Conveyancing
Copyright
Criminal Pleadings
Easements
Exchange
Franchisee
Gift
Guarantee
Hindu Marriage Act
Hire-Purchase
Income Tax
Indemnity
Information Technology
Infrastructure, development and financing
Divorce, Restitution of Conjugal Rights
Lease Financing
Matrimonial
Medical Form
Memorandum of Understanding
Miscellaneous deeds
Mortgage, Pledge, Hypothecation and Security Document
Motor Vehicle Act
Negotiable Instrument
Notice
Partition
Partnership
Petition
Plaint and Written statement
Pleadings
Power of Attorney
Principle
Release
Rent
Sale
Special Leave Petition
Specific Relief Act
Vakalatnama
Will
Writ

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Tuesday, 6 January 2026

Sample FIR

From

(Applicant’s Name), Father’s/Husband’s Name

(Applicant’s contact address)

(Applicant’s contact mobile number/Phone number) Applicant’s e-mail id. (If any)

Date.

To,

The Police Officer In charge

Address (Name of Local Police station)

Sub. : (mention subject e.g. your lost document/phone name and Number)

Through, Proctor, AMU, Aligarh Respected Sir,

I would like to bring the following facts to your kind notice:

(Include details/contents 1-7 as given in Proforma)

………………………………………………………………………………………………………………………………….. I seek your help and request you to kindly register my F.I.R in the subject matter.

For your ready reference I enclose herewith

(a) Copy of [Complainant/Informant] I.D. proof.

Hope you will do the needful favourably at the earliest. Thanks and regards

Yours Sincerely

( Complainant/Informant Signature)

( Complainant/Informant Name)

Note : You should make 2 copies of the Application.(1 copy for police station record, 1 copy for your own record)

II. SAMPLE FIR FORMAT

To,

The Police Officer In charge

Address ( Local Police station)

Respected Sir,

Sub. : FIRST INFORMATION REPORT

While travelling from _______(place) to __________(place) by bus/ train/ walk I have lost my Original __________ bearing No.____________ along with (name other documents if any) some where. (If you have any idea or chance of loss at an approximate area, you can mention the same in your application). Sir, to avoid any misuse of my above ___________ I seek your help and request you to kindly register my F.I.R in the subject matter.

For your ready reference I enclose herewith;

(a) copy of lost ____________

(b) copy of ______________ as I.D proof.

Hope you will do the needful favourably at the earliest.

Thanks and regards

Yours Sincerely

____________(your signature)

____________(your Name)

Format of the F.I.R.

Book No. ___________

FORM NO. 24.5 (1)

FIRST INFORMATION REPORT

First Information of a Cognizable Crime Reported under Section 154, Criminal Penal Code

Police Station .................................... District .............................. No ..................

Date and hour of Occurrence .....................

1.Date and hour when reported

2.Name and residence of informer and complainant.

3.Brief description of offence (with section) and of property carried off, if any.

4.Place of occurrence and distance and direction from the Police Station.

5.Name & Address of the Criminal.

6.Steps taken regarding investigation explanation of delay in regarding information.

7.Date and Time of despatch from Police Station.

Signature .......................

Designation ................................

(First information to be recorded below)

NOTE:- The signature of seal or thumb impression of the informer should be at the end of the information and the signature of the Writer of (FIR) should be existed as usual.

What is an FIR? When it can be filed?

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. Cognizable Offence is an offence is one in which the police may arrest a person without warrant. They are authorised to start an investigation into a cognizable case on their own and they do not require any orders from the court to do so. A police officer is bound to register the FIR in such cases and can even start an investigation without any FIR. These are heinous crimes generally and non-bailable offences. First Information Report is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR. If the information given by the woman against whom an offence u/s 326A,326 B, 354, 354A-D,376,376A-E and 509 of Indian Penal Code is alleged then such information shall be recorded by a women police officer.

* You should sign the report only after verifying that the information recorded by the police is as per the details given by you.

* People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct record.

* Always ask for a copy of the FIR, if the police do not give it to you. It is your right to get it free of cost.

Non-cognizable Offence

A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission.

Is it mandatory for police to investigate every case reported to them?

The police may not investigate a complaint even if you file an FIR, when:

(i) The case is not serious in nature;

(ii) The police feel that there is not enough ground to investigate. However, the police must record the reasons for not conducting an investigation and in the latter case must also inform you. —(Section 157, Criminal Procedure Code, 1973)

157. Procedure for investigation preliminary inquiry.

(1) If from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender; Provided that-

(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to subsection (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that subsection, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.

Where the FIR should be filed and what is the procedure for filing?

An FIR should be filed in the police station of the concerned area in whose jurisdiction the offence took place.

What is the procedure for filing an FIR?

Section 154 of the Criminal Procedure Code, 1973 lays down the procedure for lodging an FIR-

(i) Written Form: When the information about the commission of a cognizable offence is given orally, the police must write it down.

(ii) Read Over: A person giving the information or making a complaint, can demand that the information recorded by the police to be read over to him/her.

(iii) Verification: One should sign the report only after verifying that the information recorded by the police is as per the details given by you.

(v) Signature: Once the information has been recorded by the police, it must be signed by the person giving the information. It is to be kept in mind that people who are unable to read or write are expected to put their left thumb impression on the document after being satisfied that it is a correct record.

If an informer refuses to sign the F. I. R. he is guilty of offence u / section 180 of the Indian Penal Code which is as follows...-

‘Whoever refuse to sign on any statement made by him, when required to sign that statement by a public servant, legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both”.

If the Police Officers refuses to enter the FIR and instead enters in D.D. Register a totally different and false report, he is guilty u/section 177/167/218 IPC

If an informer refuses to sign the FIR. he is guilty of offence u / section 180 Indian Penal Code which is as follows..-

If the Police Officers refuses to enter the FIR and instead enters in D.D. Register a totally different and false report, he is guilty u/s 177/167/218 IPC

(vi) Copy of an FIR

A person filing an FIR has the right of getting a copy of FIR free of cost.

Can a multiple FIRs be filed on the same cause of action?

In Surender Kaushik & Ors vs State Of U.P & Ors

24: From the aforesaid decisions, it is quite luminous that the lodgment of two FIRs is not permissible in respect of one and the same incident. The concept of sameness has been given a restricted meaning. It does not encompass filing of a counter FIR relating to the same or connected cognizable offence. What is prohibited is any further complaint by the same complainant and others against the same accused subsequent to the registration of the case under the Code, for an investigation in that regard would have already commenced and allowing registration of further complaint would amount to an improvement of the facts mentioned in the original complaint. As is further made clear by the three-Judge Bench in Upkar Singh (supra), the prohibition does not cover the allegations made by the accused in the first FIR alleging a different version of the same incident. Thus, rival versions in respect of the same incident do take different shapes and, in that event,, lodgment of two FIRs is permissible.

What are Supreme Court directions to be followed in regards to the registration of an FIR?

Directions for FIR in Lalita Kumari v Govt. of Uttar Pradesh (2014) 2 SCC 1

(i) It is mandatory under section 154 of the Code to get an FIR registered if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

(ii) A preliminary inquiry may be conducted only to ascertain whether a cognizable offence is disclosed or not, in case the information received does not disclose a cognizable offence but indicates the necessity for an inquiry,

(iii) FIR must be registered, if the inquiry discloses the commission of a cognizable offence.a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week in cases where preliminary inquiry ends in closing the complaint. Reasons must be disclosed and stated in brief for the complaint being closed and not being proceeded further.

(iv) No police officer can avoid his duty of registering offence if a cognizable offence has been committed and is hence disclosed. Strict steps must be taken against erring officers who do not register the FIR in case of cognizable offences.

(v) The scope of preliminary inquiry is only to ascertain whether the information reveals any cognizable offence and not to verify the veracity of the information received.

(vi) The category of cases in which preliminary inquiry may be made are as under-

(a) Cases of Matrimonial disputes family disputes

(b) Matters of Commercial offences

(d) Matters of Corruption cases

(e) Abnormal delayed cases wherein initiating criminal prosecution, for example, over 3 months have already passed.

The above are non-exhaustive conditions.

(vii) A preliminary inquiry should be made time-bound and in any case, it should not exceed 7 days while ensuring and protecting the rights of the accused and the complainant. Any reason or fact of such delay must be reflected in the General Diary entry.

(viii) It is a mandatory practice as directed by the Supreme Court that since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, all information relating to cognizable offences, either resulting in registration of FIR or leading to an inquiry, must be meticulously reflected in the diary, no matter even if it is a preliminary inquiry.

Affidavit (General Format)

IN THE HIGH COURT OF __________ AT __________

I, _______________________, son/daughter of ___________________, aged __ years,

resident of _______________________, do hereby solemnly affirm and state as follows:

1. That the accompanying petition/application has been drafted under my instructions.

2. That the contents of paras ___ to ___ are true to my knowledge and belief.

DEPONENT

VERIFICATION

Verified at __________ on this ___ day of ______ 2025.

DEPONENT

PLAINT

IN THE COURT OF THE DISTRICT JUDGE/COMPETENT CIVIL COURT

AT ____________

CIVIL SUIT NO. _____ OF 2025

IN THE MATTER OF:

_______________________ ……………… Plaintiff

VERSUS

_______________________ ……………… Defendant

PLAINT

1. That the Plaintiff is the owner/tenant of property situated at ____________.

2. That on _________ the Defendant unlawfully trespassed/failed to pay/violated

agreement, causing loss to Plaintiff.

3. That cause of action arose on _________ within the jurisdiction of this Court.

PRAYER

It is therefore prayed that this Court may kindly:

a) Decree the suit in favour of the Plaintiff by granting ___________.

b) Award costs of the suit.

c) Pass such other relief as deemed fit.

Verification:

I, the above named Plaintiff, do hereby verify that the contents of paras 1 to 3 are true

to my knowledge.

Date: ____________ Plaintiff

Place: ____________ Through Counsel

(Advocate Name)

APPLICATION FOR REGULAR BAIL (Under Section 437/439 CrPC)

IN THE HIGH COURT OF __________ AT __________

CRIMINAL MISC. APPLICATION NO. ______ OF 2025

IN THE MATTER OF:

_______________________ ……………… Applicant

VERSUS

State of __________ ……………… Respondent

APPLICATION FOR REGULAR BAIL

(Under Section 437/439 CrPC)

MOST RESPECTFULLY SUBMITTED:

1. That the Applicant has been falsely implicated in FIR No. ___ dated ____ under

Sections ____ IPC at P.S. ________.

2. That the Applicant is innocent and has no previous criminal antecedents.

3. That the investigation is complete and chargesheet has been filed; hence, further

custody is not required.

4. That the Applicant undertakes to abide by any condition imposed by this Hon’ble Court.

PRAYER

It is therefore prayed that this Hon’ble Court may kindly grant regular bail to the

Applicant in the above case.

Place: ____________ Applicant

Date: ____________ Through Counsel

(Advocate Name)

WRIT PETITION UNDER ARTICLE 226

IN THE HIGH COURT OF ____________ AT ____________

WRIT PETITION NO. ________ OF 2025

IN THE MATTER OF:

______________________ ………………… Petitioner

VERSUS

State of __________ & Ors. ………………… Respondents

WRIT PETITION UNDER ARTICLE 226

To,

The Hon’ble Chief Justice and His Companion Justices

of the High Court of ___________

The Humble Petition of the Petitioner above named:

MOST RESPECTFULLY SHOWETH:

1. That the Petitioner is a citizen of India and is filing this writ petition under Article 226

of the Constitution seeking protection of fundamental rights.

2. Brief facts of the case: (Write material facts in short, with dates/events).

3. Grounds for relief: (Violation of fundamental rights/legal provisions).

4. That the Petitioner has no alternate efficacious remedy.

PRAYER

It is therefore prayed that this Hon’ble Court may be pleased to:

a) Issue a writ of __________ directing the Respondents to …………

b) Pass such other order(s) as this Hon’ble Court deems fit.

Place: ____________ Petitioner

Date: ____________ Through Counsel

(Advocate Name)

VAKALATNAMA

IN THE HIGH COURT OF ___________ AT __________

IN THE MATTER OF:

_____________________ ……………… Petitioner/Respondent

VERSUS

_____________________ ……………… Respondent/Petitioner

VAKALATNAMA

I, ____________________________, Petitioner/Respondent in the above matter,

appoint Mr./Ms. ____________________, Advocate, High Court of __________, to act,

appear and plead on my behalf in the above case and in all proceedings connected

thereto.

Date: _____________ Signed: ______________________

Place: ____________ (Petitioner/Respondent)

Accepted: _______________________

(Advocate)

Thursday, 1 January 2026

DATA PROTECTION IN INDIA – FROM M.P. SHARMA CASE TO THE DPDP ACT, 2023

DATA PROTECTION IN INDIA – FROM M.P. SHARMA CASE TO THE DPDP ACT, 2023

INTRODUCTION
Human civilization has always relied on the creation and preservation of information. Ancient texts such as the Vedas, Upanishads, and Puranas are organised compilations of human thought. Even the mythological idea of Chitragupta recording deeds reflects data collection, storage, and analysis. The principle remains the same; only the medium has changed—from palm leaves and oral traditions to digital systems.

INFORMATION IS A SUBSET
Data is a broad, unorganized mass of facts, instructions, and concepts meant for computer processing. When processed and organized, it becomes information. Privacy concerns arise not from all data, but from information that identifies an individual or reveals sensitive details. This forms the core of information-privacy debates in law and policy.

CONCEPT OF DATA PRIVACY
The term privacy comes from the Latin privatus, meaning withdrawn from public life. With technological advancement, “data privacy” has emerged to denote an individual’s control over the collection, use, and disclosure of personal information. It essentially reflects a person’s ability to decide what is collected about them, how it will be used, and who it will be shared with.

DATA PRIVACY AND DATA PROTECTION
These terms are often used interchangeably but differ. Data privacy concerns an individual’s right to control personal information, while data protection refers to the safeguards and protocols organisations must employ to prevent breaches or unauthorised use.

PURPOSE OF DATA COLLECTION

Government bodies collect data for governance, welfare, security, and identification.
Private corporations collect data for personalisation, monetisation, behavioural prediction, and commercial gain.

EVOLUTION OF DATA PROTECTION IN INDIA

PHASE 1: BEFORE 2000

In M.P. Sharma v. Satish Chandra (1954), the Supreme Court held that search and seizure does not violate constitutional rights under Articles 19(1)(f) and 20(3), and noted that the Constitution did not expressly recognise privacy as a fundamental right.
In Kharak Singh v. State of UP (1962), the Court struck down midnight domiciliary visits as violating the right to life, though not privacy.
In Gobind v. State of MP (1975), the Court accepted privacy as a right subject to public order, morality, and security.
Maneka Gandhi v. Union of India (1978) broadened the scope of personal liberty.
In PUCL v. Union of India (1997), the Court held that privacy is part of Article 21 and protected telephone conversations under Article 19(1)(g), subject to Article 19(2).

PHASE 2: BEFORE PUTTASWAMY

The IT Act, 2000 became India’s first cyber law. Section 43A, inserted in 2008, made corporate bodies liable for failing to protect sensitive personal data. The 2011 IT Rules defined intermediary liabilities.
The A.P. Shah Committee (2012) recommended national privacy principles for future legislation.
In 2015, the Gujarat High Court saw India’s first discussion of the “right to be forgotten,” though it declined to recognise it.

PHASE 3: AFTER PUTTASWAMY

In 2017, the Supreme Court declared privacy a fundamental right, emphasising the realities of the informational age and directing the government to create a data protection framework.
In 2018, the B.N. Srikrishna Committee released its report and draft bill, forming the basis for later legislation.
The RBI (2018–19) restricted storage of card details on online platforms.
The IT Rules 2021 required platforms to enable identification of message originators; the matter is pending before the Delhi High Court.
In 2023, Parliament passed the DPDP Act, India’s first comprehensive data protection law.
In November 2025, the government notified the DPDP Rules for implementation.

CHALLENGES DUE TO THE DATA BOOM

Personal Freedom and Revenue
Traditional privacy protections were designed for the physical world, but digital activity is constantly tracked and monetised, raising questions about control over personal information.
Organisational Integrity
Individuals routinely share personal details with institutions without knowing how they are stored or used. Ethical handling depends entirely on the organisation’s integrity, and most users ignore “Terms and Conditions.”
Technological Vulnerability
Technology treats all data uniformly, exposing everyone to similar risks. Privacy is most compromised when data is analysed for patterns and behavioural predictions, enabling targeted influence and profiling—creating modern, technology-driven privacy concerns.

CONCLUSION
Data is a powerful resource, but also a risk to privacy. Judicial developments show that protection must preserve dignity, autonomy, and uninfluenced choice. The law has progressed from the IT Act to the DPDP Act, 2023, but genuine protection will depend on how responsibly organisations comply.

[1] Zee Media Bureau, ‘Chitragupta Puja 2022: Date, time, puja vidhi and significance’ (Zee News, 26 October 2022 < https://zeenews.india.com/culture/chitragupta-puja-2022-date-time-puja-vidhi-and-significance-2526842.html> accessed 23 November 2025

[1] Sanjay Jain, ‘What is Data vs. What is Information’ (Bloomfire, 10 February 2025) <https://bloomfire.com/blog/data-vs-information/> accessed 23 November 2025

[1] Maithreyi, ‘Challenges to Privacy and data protection in India’ (2022) 10 (1) IJCRT 1 <https://ijcrt.org/papers/IJCRT2201513.pdf > accessed 23 November 2025

[1] Quincy Maquet, ‘ A Company’s Guide to an Effective Web Site Privacy Policy’ (2001) 2 Chicago-Kent Journal of Intellectual Property 1 <https://studentorgs.kentlaw.iit.edu/ckjip/wp-content/uploads/sites/4/2013/10/02JIntellProp12001.pdf > accessed 17 November 2025

[1] Lloyd Law College, ‘Data Protection vs Data Privacy in Indian Law: What's the Difference?’ (Lloyd Law College Blog, 2020) <https://www.lloydlawcollege.edu.in/blog/data-protection-vs-privacy-indian-law.html > accessed 16 November 2025

[1] MP Sharma v Satish Chandra (1954) SCR 1077

[1] Kharak Singh v State of Uttar Pradesh AIR 1963 SC 1295

[1] Gobind v State of MP (1975) 2 SCC 148

[1] Maneka Gandhi v Union of India (1978) 1 SCC 248

[1] PUCL v Union of India (1997) 1 SCC 301

[1] Information Technology Act 2000

[1] Information Technology Act (Amendment) 2008, s 22 (inserting s 43A)

[1] Ardent Privacy, ‘Evolution of Data Protection Laws in India’ (Ardent Privacy Blog, 25 August 2023) <https://www.ardentprivacy.ai/blog/evolution-of-data-protection-laws-in-india/> accessed 23 November 2025

[1] Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data) Rules, 2011

[1] Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011

[1] Press Information Bureau, Group of Experts on Privacy Submit Report (Press Release, Government of India, 18 October 2012) < https://www.pib.gov.in/newsite/PrintRelease.aspx?relid=88503> accessed November 2025

[1] Dharamraj Bhanushankar Dave v State of Gujarat, 2015 SCC OnLine Guj 7643

[1] Justice K S Puttaswamy (Retd) v Union of India (2017) 10 SCC 1

[1] Committee of Experts under Justice B N Srikrishna, Report of the Committee on Draft Personal Data Protection Bill, 2018 (Ministry of Electronics and Information Technology, Government of India, July 2018) <https://www.prsindia.org/files/bills_acts/bills_parliament/2019/Committee%20Report%20on%20Draft%20Personal%20Data%20Protection%20Bill,%202018_0.pdf > accessed 24 November 2025

[1] Reserve Bank of India, Storage of Payment System Data (FAQs, 26 June 2019) <https://www.rbi.org.in/commonman/english/scripts/FAQs.aspx?Id=2995> accessed 24 November 2025

[1] Reserve Bank of India, Device-based Tokenisation - Card Transactions (FAQs) <https://www.rbi.org.in/commonman/english/scripts/FAQs.aspx?Id=2917 > accessed 24 November 2025

[1] Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

[1] Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021

[1]WhatsApp LLC v Union of India W.P. (C) 682/2021 (Delhi HC, pending) accessed 24 November 2025

[1] Digital Personal Data Protection Act 2023

[1] Press Information Bureau, DPDP Rules, 2025 Notified -A Citizen-Centric Framework for Privacy Protection and Responsible Data Use (Press Release, Government of India, 17 Nov 2025) <https://www.pib.gov.in/PressReleasePage.aspx?PRID=2190655 > accessed 22 November 2025

[1] M Janssen, M Wimmer and H Deljoo (eds), EGOV 2014: Electronic Government - LNCS 8653 (Springer 2014) 253- 264

Significance of 42nd Amendment Act relating to Environment

The 42nd Amendment Act, 1976 holds immense significance in the evolution of India’s environmental jurisprudence. For the first time, it constitutionally recognised the importance of environmental protection.

One of the landmark changes was the insertion of Article 48A in the Directive Principles of State Policy, which mandates that "the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country." Although not enforceable by courts, this provision provides a guiding principle for legislative and executive action.

Additionally, Article 51A(g) was added to the Constitution, creating a Fundamental Duty for every citizen "to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures." This provision empowers citizens to actively engage in environmental protection and promotes public participation.

Moreover, the amendment facilitated the concurrent listing of forests and wildlife in Schedule VII (List III – Concurrent List), enabling both the Centre and States to legislate on these subjects. This centralisation of environmental governance enabled uniformity in laws like the Forest (Conservation) Act, 1980 and the Environment (Protection) Act, 1986.

Thus, the 42nd Amendment transformed environmental protection from a policy concern into a constitutional mandate. It laid the foundation for subsequent environmental legislation, policy, and judicial interpretation, particularly the broad reading of Article 21 by courts to include the right to a clean and healthy environment.

Is There a Fundamental Right to Environment in India?

Yes, the Right to a Clean and Healthy Environment is implicitly recognized as a Fundamental Right under Article 21 of the Constitution of India.

Article 21:

"No person shall be deprived of his life or personal liberty except according to procedure established by law."

The Supreme Court of India has interpreted the right to life under Article 21 to include the right to live in a pollution-free environment, safe drinking water, and clean air. The judiciary has played a critical role in this evolution.

Key Judicial Pronouncements:

1. Subhash Kumar v. State of Bihar, AIR 1991 SC 420

Held that the "right to life" includes the right to enjoy pollution-free water and air for the full enjoyment of life.

2. M.C. Mehta v. Union of India, (1987) 4 SCC 463 (Oleum Gas Leak Case):

The Supreme Court recognised environmental protection as part of Article 21 and introduced the principle of absolute liability.

Right to Healthy Environment under Part III of the Constitution: Articles 21 & 14

Introduction:

Environmental degradation directly affects human life and dignity. Although the Constitution of India does not explicitly mention the “right to a clean environment,” the Indian judiciary has expansively interpreted Part III – Fundamental Rights, particularly Article 21 and Article 14, to include the right to a wholesome environment as an inalienable fundamental right.

I. Article 21 – Right to Life and Personal Liberty

Text of Article 21:

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Originally, the term “life” under Article 21 was narrowly interpreted. However, in post-Maneka Gandhi jurisprudence, the Supreme Court gave a wide and liberal interpretation, holding that the term includes the right to live with dignity, which further includes the right to a clean and healthy environment.

Judicial Interpretation:

1. M.C. Mehta v. Union of India (Ganga Pollution Case), AIR 1988 SC 1115

The Court held that pollution of the Ganga river amounted to a violation of the right to life under Article 21, as it affected the health and well-being of millions.

2. Subhash Kumar v. State of Bihar, AIR 1991 SC 420

The right to life includes the right to enjoy pollution-free water and air for the full enjoyment of life. A citizen can approach the court under Article 32 to remove pollution affecting life and health.

3. Virender Gaur v. State of Haryana, (1995) 2 SCC 577

The right to life is not only confined to physical existence but also includes the right to live with human dignity and free from environmental degradation.

4. T.N. Godavarman Thirumulpad v. Union of India, (1997) 2 SCC 267

The Court emphasized the necessity to preserve forests as a part of ecological balance, which is integral to life under Article 21.

Principles Developed Under Article 21:

Precautionary Principle
Polluter Pays Principle
Sustainable Development
Public Trust Doctrine

These doctrines were judicially evolved to strengthen the environmental dimensions of Article 21.

II. Article 14 – Right to Equality

Text of Article 14:

“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

While Article 14 is primarily concerned with equality and non-arbitrariness, the judiciary has applied it to environmental issues to ensure non-discriminatory environmental governance and to check arbitrary state action that affects the environment.

Judicial Interpretation:

1. A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718

The Court stated that arbitrary grant of environmental clearance without scientific assessment would violate Article 14 due to unequal and irrational treatment.

3. Intellectual Forum, Tirupathi v. State of A.P., (2006) 3 SCC 549

The Supreme Court held that arbitrary allocation of tank land for construction, ignoring environmental factors, was violative of Article 14, which guarantees fairness and accountability in State actions.

III. Relationship Between Articles 21 and 14 in Environmental Jurisprudence:

Article 21 ensures the substantive right to a clean and healthy environment.
Article 14 ensures procedural fairness, non-arbitrariness, and equal protection in decisions affecting the environment.

Together, these articles form a constitutional bulwark against environmental degradation. They ensure:

That State policies are environmentally sound.
That citizens’ environmental rights are justiciable.
That environmental clearances are not granted arbitrarily.
That affected individuals and communities are protected from unequal and unsafe exposure to environmental harm.

2(b) Right to Trade vs. Duty to Protect the Environment – [5 Marks]

Constitutional Right:

Article 19(1)(g) – Guarantees the right to practice any profession or carry on any occupation, trade, or business.

Reasonable Restrictions – Article 19(6):

The right to trade is not absolute and can be subjected to reasonable restrictions in the interest of the general public or public health and environmental protection.

Judicial Approach:

1. M.C. Mehta v. Union of India (Taj Trapezium Case), (1997) 2 SCC 353

Held: Industries operating in the Taj Trapezium Zone causing pollution could be relocated or shut down. The right to trade cannot override the right to a clean environment under Article 21.

2. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715

Held: The Precautionary Principle and Polluter Pays Principle are part of environmental law. The court allowed closure of tanneries despite the right to trade under Article 19(1)(g).

Doctrine of Harmonious Construction:

Courts have harmonized economic freedom with environmental rights, ensuring development without degradation.

C. Role of Judiciary in Recognising Right to Clean Environment under Article 21:

The Indian judiciary has played a proactive and innovative role in expanding the scope of Article 21 to include environmental rights.

Landmark Judgments:

1. Subhash Kumar v. State of Bihar, AIR 1991 SC 420

“Right to life includes the right to enjoyment of pollution-free water and air for full enjoyment of life.”

This was the first time the Supreme Court explicitly linked clean environment with Article 21.

2. M.C. Mehta v. Union of India (Ganga Pollution Case), AIR 1988 SC 1115

The Court issued directions to tanneries polluting the Ganga river, holding that such pollution violated the right to life under Article 21.

3. Virender Gaur v. State of Haryana, (1995) 2 SCC 577

"Environmental, ecological, air, water pollution etc. should be regarded as amounting to violation of the right to life under Article 21."

5. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715

Introduced Precautionary Principle and Polluter Pays Principle, holding that sustainable development is an integral part of Article 21.

6. Municipal Council, Ratlam v. Vardhichand, AIR 1980 SC 1622

The Court directed the municipality to stop sewage and sanitation pollution, reaffirming that citizens have the right to live in clean surroundings.

D. Principles Evolved by Judiciary for Environmental Protection under Article 21:

Polluter Pays Principle
Precautionary Principle
Public Trust Doctrine
Sustainable Development
Absolute Liability
Intergenerational Equity

E. Judicial Mechanisms for Enforcement:

1. Public Interest Litigation (PIL):

The courts have liberalized locus standi in environmental matters.
NGOs, activists, and concerned citizens have filed PILs under Article 32 and 226 for environmental justice.

F. Role of Judiciary Beyond Article 21:

The Supreme Court and High Courts have not only enforced environmental rights but have also filled legislative and administrative gaps by issuing guidelines and directions under their writ jurisdiction.
The judiciary has upheld environmental justice as a part of social justice under the Preamble.

Sustainable Development, Precautionary Principle, Polluter Pay Principle, Public Trust Doctrine

1(a) Sustainable Development – A Brief Note

Definition and Meaning:

Sustainable Development refers to development that meets the needs of the present without compromising the ability of future generations to meet their own needs. This concept was first popularized in the Brundtland Report (1987) titled “Our Common Future.”

Key Elements:

Inter-generational equity – Fair use of resources across generations.
Intra-generational equity – Social equity within the present generation.
Environmental protection – Limiting ecological degradation.
Economic development – Balanced growth to reduce poverty and improve living standards.

Indian Judicial Recognition:

· Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
The Supreme Court recognized sustainable development as an essential part of Indian environmental law and incorporated the “Precautionary Principle” and “Polluter Pays Principle” into domestic jurisprudence.

· Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664
The Court observed that sustainable development does not mean no development at all but aims for a balance between ecology and economic development.

1(b) Critical Analysis of Sustainable Development Goals, 2024

Introduction to SDGs:

The Sustainable Development Goals (SDGs) are a set of 17 global goals adopted by all United Nations Member States in 2015 (Agenda 2030) and periodically updated. The 2024 update reflects emerging global crises, especially concerning climate change, technology, pandemics, and economic recovery.

Key Goals (SDG 2024 – Selected Highlights):

1. Goal 13 – Climate Action:
Emphasizes drastic reduction in GHG emissions and adoption of clean energy.

2. Goal 6 – Clean Water and Sanitation:
Focuses on water recycling and universal access to potable water.

3. Goal 7 – Affordable and Clean Energy:
Calls for universal energy access and transition to renewables.

4. Goal 12 – Responsible Consumption and Production:
Includes minimizing food waste and promoting sustainable supply chains.

Critical Evaluation:

· Achievements:

Brought environmental issues to global attention.
Encouraged national policy integration (e.g., India’s NAPCC).
Mobilized private sector and civil society involvement.

· Challenges:

Lack of legal enforceability – SDGs are not legally binding.
Funding Gaps – Developing nations lack sufficient infrastructure.
Over-reliance on voluntary national reviews (VNRs).
Inequity in technological support – Developing nations struggle with tech transfer and innovation.

· India’s Role in SDG Implementation:

NITI Aayog monitors SDG progress through the SDG India Index.
Schemes like Swachh Bharat Mission, UJALA, and Beti Bachao Beti Padhao contribute directly to SDG targets.

Conclusion:

While the SDGs represent a noble vision of inclusive growth and environmental stability, the 2024 update still reflects gaps in enforceability, accountability, and international cooperation—especially for developing nations like India.

Development must meet the needs of the present without compromising the needs of future generations, ensuring balance between economic growth and environmental protection.

Judicial Recognition:

· ⚖ Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664
The Court accepted the necessity of the Sardar Sarovar Dam while emphasizing rehabilitation and ecological balance.

· ⚖ Subhash Kumar v. State of Bihar, AIR 1991 SC 420
Right to life includes right to pollution-free water and air.

· ⚖ M.C. Mehta v. Union of India, multiple cases
The Court expanded Article 21 to encompass environmental protection, clean water, clean air, and sanitation.

Conclusion:

The Supreme Court of India has been a champion of environmental protection through its innovative and bold jurisprudence. By evolving these doctrines and principles, it has filled gaps in legislative and executive actions and has ensured that the right to a healthy environment is preserved for present and future generations. These doctrines now form the foundation of environmental governance in India and are frequently applied in environmental litigations, policy reviews, and administrative