Constitutional Provisions Relating to Environmental Protection

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🟢 Introduction

Environmental protection has become one of the most important legal issues in India today due to increasing pollution, deforestation, and climate change. Though the original Constitution of India (1950) did not explicitly mention ‘environment’, the growing global awareness in the 1970s led to the 42nd Amendment in 1976, which introduced direct constitutional provisions to protect and improve the environment.

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🔷 1. Directive Principles of State Policy (Part IV)

Article 48A – Protection and Improvement of Environment

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

• Added by 42nd Constitutional Amendment Act, 1976.

• It is a Directive Principle, meaning it is not legally enforceable in courts but is fundamental in governance.

• Makes it obligatory for the State to consider environmental protection in all policy-making.

• Example: When the government plans a dam or a road, they must consider its environmental impact.

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🔷 2. Fundamental Duties of Citizens (Part IVA)

Article 51A(g) – Duty of Every Citizen to Protect Nature

“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.”

• Also added by 42nd Amendment.

• This is a moral duty for every citizen to keep the environment clean and safe.

• Though not directly enforceable, courts have referred to this article in many judgments.

• Promotes environmental awareness, citizen participation, and eco-friendly behaviour.

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🔷 3. Fundamental Rights (Part III)

Article 21 – Right to Life Includes Right to a Clean Environment

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

• The Supreme Court has interpreted this article to include the right to a healthy, clean, and pollution-free environment.

• Environmental degradation violates this right.

✅ Landmark Cases:

• M.C. Mehta v. Union of India (Ganga Pollution Case): The Court expanded Article 21 to include the right to clean water and air.

• Subhash Kumar v. State of Bihar (1991): Recognised the right to pollution-free water as part of Article 21.

• T.N. Godavarman v. Union of India: Court ordered protection of forests and banned illegal tree felling.

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🔷 4. Article 47 – Duty to Improve Public Health

• Part of Directive Principles of State Policy.

• Says the State should raise the level of nutrition and the standard of living and improve public health.

• Health and hygiene are directly affected by environmental conditions (like air and water pollution).

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🔷 5. Article 253 – Parliament’s Power for Environmental Laws

Allows Parliament to make laws to implement international agreements.

• This was used to pass the Environment (Protection) Act, 1986 after the Stockholm Conference, 1972.

• Example: India is a party to international treaties like the Paris Agreement and Convention on Biological Diversity—this Article allows laws based on these.

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🔷 6. Article 246 and the Seventh Schedule

• The Constitution divides legislative powers between Union, State, and Concurrent Lists.

• Environment-related matters like forests, wildlife protection, and pollution control are in the Concurrent List, meaning both the Centre and the States can make laws.

• Central laws like the Wildlife Protection Act (1972) and Air and Water Acts were made using this power.

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⚖️ Judicial Interpretation and Activism

The Supreme Court and High Courts have played a major role in expanding the meaning of constitutional provisions to include environmental protection.

Important Doctrines Developed:

1. Polluter Pays Principle – The polluter must bear the cost of pollution.

2. Precautionary Principle – Prevention is better than cure; take action even without full proof.

3. Public Trust Doctrine – Natural resources like air, water, and forests are for public use and must be protected by the government.

Major Judgments:

• Vellore Citizens Welfare Forum v. Union of India (1996):

  • Introduced Precautionary Principle and Polluter Pays Principle into Indian law.

• Indian Council for Enviro-Legal Action v. Union of India:

  • Recognised compensation for victims of pollution.

• M.C. Mehta series of cases:

  • Banned toxic emissions, regulated vehicle pollution, closed polluting industries near the Taj Mahal, and promoted environmental education.

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🔶 Role of Panchayats and Municipalities (73rd & 74th Amendments)

• Local bodies are expected to protect the environment and promote tree planting, water conservation, and waste management.

• States can assign environmental responsibilities to Gram Panchayats and Urban Local Bodies.

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🌿 Environmental Protection as a Constitutional Goal

• The Constitution, though initially silent, has evolved into a guardian of the environment.

• With laws, court decisions, and active public interest litigation (PIL), environmental justice has become part of the Indian legal system.

• Environment and development must go hand in hand — this is the message of the Constitution today.

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📘 Conclusion

The Indian Constitution provides a strong legal framework for environmental protection. The combined efforts of the State (Article 48A), citizens (Article 51A(g)), and the judiciary (Article 21) make environmental law a part of our constitutional morality.

It is no longer just a law—it is a duty, a right, and a national responsibility to safeguard nature for present and future generations..