Constitutional Provisions on Environment and its Protection | Environmental Law - CLAT PG PDF Download

Constitution and Environment

Before the 42^nd Amendment

• The Constitution of India was enacted on January 26, 1950, without explicit provisions for environmental protection. The only relevant article was Article 47 of the Directive Principles of State Policy, emphasizing the state's duty to improve public health, nutrition, and living standards.
• Article 21, concerning the right to life and personal liberty, had a limited interpretation initially, stating that "no person shall be deprived of his life or personal liberty except according to procedure established by law."
• Over time, concerns about pollution and environmental degradation grew. In 1972, Prime Minister Indira Gandhi attended the United Nations Conference on Human Environment in Stockholm, where key resolutions were passed, asserting the right to a healthy environment and the responsibility to protect it for future generations.

42^nd Constitution Amendment and After

• In 1976, under Indira Gandhi's leadership, the 42^nd Amendment introduced environmental protection provisions in the Constitution.
• Article 48A was added to the Directive Principles of State Policy, stating that "The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country."
• Article 51A was also introduced, outlining Fundamental Duties. Notably, Article 51A(g) mandates that "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."
• These constitutional provisions impose dual responsibilities: directing the State to protect and improve the environment and obligating every citizen to assist in preserving the natural environment.
• The scope of Article 51A(g) was clarified in the case of L. K. Koolwal v. State of Rajasthan, where the Rajasthan High Court emphasized that citizens have the right to ensure the State fulfills its environmental duties.
• Article 51A has become crucial for environmental protection, empowering citizens to hold the State accountable for its obligations.
• Unlike other constitutions, India's does not explicitly mention environmental protection due to its focus on rule of law and brevity.
• The Indian Constitution, however, reflects a commitment to improving public health and living standards, laying the groundwork for environmental provisions.
• The United Nations Conference on Human Environment in 1972 at Stockholm elevated biosphere protection to international policy and legal agendas, influencing India's constitutional amendments for environmental protection.
• In her address at the Stockholm Conference, Prime Minister Indira Gandhi emphasized the need for careful management and conservation of natural resources for current and future generations.
• In response to the Stockholm Declaration, the Indian government, through the 42^nd Amendment, introduced Articles 48A and 51A(g), underscoring the State's directive for environmental protection and the citizen's duty to safeguard the natural environment.

Fundamental Rights

• The dynamic interpretations of Fundamental Rights by the judiciary have incorporated the right to a healthy environment from the following Articles:
• 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."
• Article 19(6): The State can impose reasonable restrictions on the exercise of the freedom to practice any profession or to carry on any occupation, trade, or business in the interest of the general public.
• Article 21: "No person shall be deprived of his life or personal liberty except according to the procedure established by law."