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.