ENVIRONMENTAL LAW

ENVIRONMENT PROTECTION
UNDER INDIAN CONSITUTION

Asst. Prof. Shital Keskar, Modern Law College, Pune

 ENVIRONMENT PROTECTION UNDER
INDIAN CONSTITUTION
1. Preamble of Indian Constitution
2. Part III- Fundamental Rights
3. Part IV- Directive Principles of State Policy
4. Part IV A- Fundamental Duties
5. 7th Schedule of Indian Constitution- Union
list, State list, Concurrent list
 1. Preamble
The word ‘Socialist’ in Preamble of the
Constitution
Public interest shall prevail over individual
interest
2. Fundamental Rights under
Part III
a. Art. 14- Right to Equality
b. Art. 15(2)- No discrimination on the grounds
of religion, race, caste, sex and place of
birth or any of them
c. Art. 19 (1) (a) and (g)- Freedom of speech
and expression and right to carry on any
occupation, trade or business
d. Art. 21- Right to life and personal liberty
 3. DPSP under Part IV
a. Art. 47- ‘Raising level of nutrition and
standard of living of people and
improvement of public health’
b. After 42nd Amendment to Indian
Constitution- Art. 48-A was added-
Art. 48-A: Protection and improvement of
Environment and safeguarding of Forests
and Wildlife- The State shall endeavour to
protect and improve the environment and to
safeguard the forests and wildlife of the
country.
4. Fundamental Duties under
Part IV A
42nd Amendment to the Constitution (1976):
Art 51 A was added in the constitution.
Art. 51 A- fundamental duties imposed upon
citizens of India
Art. 51 A (g)- ‘It shall be duty of every citizen
to protect and improve the natural
environment including forests, lakes, rivers
and wildlife, and to have compassion for
living creatures.’
 th
5. 7 Schedule
Legislative powers conferred upon Parliament
and State legislature
Union list- LIST I
Parliament is empowered to make laws
1. Industries-Entry 52
2. Regulation and development of oilfields and
mineral resources- Entry 53
3. Regulation of Mines and Mineral development-
Entry 54
4. Regulation and development of inter state
rivers and river valleys- Entry 55
5. Fishing and Fisheries beyond territorial waters-
Entry 57
 State list- LIST II State Legislature is empowered to
make laws
1. Public health and sanitation- Entry 6
2. Agriculture, protection against pests and prevention
of plant diseases
3. Preservation and prevention of animal diseases-
Entry 15
4. Ponds- Entry 16
5. Water- Entry 17
6. Land- Entry 18
7. Fisheries- Entry 21
8. Mines subject to provisions of List I- Entry 23
9. Industry subject to provisions of List I- Entry 24
10. Gas and Gas work- Entry 25
 Concurrent List- LIST III- Both Parliament and
State legislature empowered to make laws
1. Forest- Entry 17 A
2. Protection of Wild animals and Birds- Entry
17 B
3. Population Census and planning- Entry 20 A
4. Factories- Entry 36
5. Boilers- Entry 37
6. Electricity- Entry 38