The Constitutional Environment - Political Environment, Business Environment | Business Environment - B Com PDF Download

What responsibility does the State government have towards environmental protection under the Indian Constitution?

The State’s responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows:

“The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country”.

What responsibility does the citizen have towards environmental protection under our Constitution?

Environmental protection is a fundamental duty of every citizen of this country under Article 51-A(g) of our Constitution which reads as follows:

“It shall be 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.”

What is the importance of Article-21 of the Indian Constitution with respect to environmental protection and do we have the right to clean environment?

Article 21 of the Constitution is a fundamental right which reads as follows:

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

Though this Article does not explicitly mention the environment, the Supreme Court and the various High Courts of the country have given a wider interpretation to the word

“life” in this Article. According to the courts, the right to life includes the right to a living environment congenial to human existence.

The Supreme Court in Subhas Kumar V. State of Bihar (AIR 1991 SC 420) held that right to environment is a fundamental right of every citizen of India and is included in the

“right to life” guaranteed under Article 21 of the Constitution of India. A Public Interest Litigation (PIL) is maintainable in the High Court or Supreme Court at the instance of affected persons or even by a group of social workers or journalists for prevention of pollution.

Why is it that action cannot be taken either against the State or the citizen for violating Articles 48 A and 51 A(g) of the Constitution?

Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties.

Unlike Fundamental Rights, violation of Directive Principles of State policy or Fundamental Duties cannot be questioned in a Court of Law.

What responsibility does the State / government have towards raising the level of nutrition and standard of living and improving of public health?

The State’s responsibility with regard to raising the level of nutrition and the standard of living and to improve public health has been laid down under Article 47 of the Constitution which reads as follows:

“The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”

What is the importance of the 42nd Amendment to the Constitution?

The 42nd amendment to the Constitution was brought about in the year 1976. Two new Articles were inserted: Art.48-A and Art.51-A(g). The former, under Directive Principles of State Policy, makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

What are the subjects related to environment in the seventh schedule of the Constitution?

Union List

Entries

• Industries
• Regulation and development of oil fields and mineral oil resources
• Regulation of mines and mineral development
• Regulation and development of inter-State rivers and river valleys
• Fishing and fisheries beyond territorial waters.

State List

Entries

Public health and sanitation

• Agriculture, protection against pest and prevention of plant diseases.
• Land, colonization, etc.
• Fisheries
• Regulation of mines and mineral development subject to the provisions of List-I
• Industries subject to the provisions of List-I.

Common or Concurrent List

Entries

• A.Forests
• Protection of wild animals and birds
• Economic and social planning
• Population control and family planning

As conferred by Article 246(1), while the Union is supreme to make any law over the subjects enumerated in List I, the States, under Article 246 (3), enjoy competence to legislate on the entries contained in List II, and both the Union and the States under Article 246(2) have concurrent jurisdiction on entries contained in List III. In the event of a clash, the Union enjoys a primacy over States in that its legislation in the Union and the Concurrent List prevails over State legislations. Also, the Parliament has residuary powers to legislate on any matter not covered in the three Lists (Art. 248).

Do the Panchayats and Muncipalities have any role in protecting environment?

Yes, Parts IX and IXA have been added to the Constitution by 73rd and 74th Amendments in 1992 to give constitutional sanction to democracy at the grassroot level through Panchayats and Muncipalities.

Part IX: Panchayats

The Panchayats are assigned with the powers to perform such functions as mentioned in 29 subjects, in the Eleventh Schedule of the Constitution. Among them, the following are related to environment.

• Agriculture, including agricultural extension.
• Land improvement, implementation of land reforms, land consolidation and soil conservation.
• Minor irrigation, water management and watershed development.
• Animal husbandry, dairying and poultry.
• Fisheries.
• Social forestry and farm forestry.
• Minor forest produce.
• Rural housing.
• Drinking water.
• Fuel and fodder.
• Roads, culverts, bridges, ferries, waterways and other means of communication.
• Non-Conventional energy sources.
• Health and sanitation, including hospitals, primary health centres and dispensaries.
• Maintenance of community assets.

Part IX A: Municipalities

The following subjects related to environment in the Twelfth Schedule of the Constitution are to be taken care of by the Municipalities (Nagarpalikas).

• Urban planning including town planning.
• Regulation of land-use and construction of buildings.
• Water supply for domestic, industrial and commercial and solid waste management,
• Public health, sanitation conservancy and solid waste management.
• Urban forestry, protection of the environment and promotion of ecological aspects.
• Slum improvement and upgradation.
• Provision of urban amenities and facilities such as parks, gardens, playgrounds.
• Cattle pounds; prevention of cruelty to animals.
• Regulation of slaughter houses and tanneries.

Subject to the provisions of the Constitution, the legislature of a State will endow the Panchayats and Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self government.