Many countries have constitutional provisions or amendments that address environmental protection.

These provisions can vary significantly in their wording and scope, but their common goal is to ensure
the preservation and sustainable management of the environment. Here are a few examples:

1. **United States**: The U.S. Constitution itself does not explicitly mention environmental
protection, but several amendments and laws have been enacted to address environmental
concerns. For example, the 10th Amendment allows states to regulate environmental issues, and
the Clean Air Act and Clean Water Act are federal laws aimed at environmental protection.

2. **Germany**: Germany’s Basic Law (Grundgesetz) includes an explicit commitment to

environmental protection in Article 20a. It states that “Mindful also of its responsibility toward
future generations, the state shall protect the natural bases of life and animals by legislation…”.

3. **India**: The Indian Constitution includes several provisions related to environmental

protection. Article 48-A and Article 51-A(g) emphasize the protection of forests, wildlife, and the
environment as a fundamental duty of every citizen and the state.

4. **South Africa**: The South African Constitution contains a section known as the “Bill of Rights,”
which includes the right to an environment that is not harmful to health or well-being. This right
is protected in Section 24 of the Constitution.

These are just a few examples, and many other countries have similar provisions in their constitutions or
legal frameworks to address environmental protection and sustainability. The specific language and legal
mechanisms can vary widely from one country to another.

Provisions in India

India’s Constitution includes several provisions that emphasize environmental protection and
conservation. These provisions reflect the country’s commitment to safeguarding its natural resources
and ensuring a sustainable environment. Here are some key aspects of India’s constitutional provisions
for environmental protection:

1. **Directive Principles of State Policy**: India’s Directive Principles of State Policy, outlined in
Part IV of the Constitution, contain principles that guide the state in its policy-making. Article 48-
A, which was added by the 42nd Amendment Act in 1976, states that “The State shall endeavor
 to protect and improve the environment and to safeguard the forests and wildlife of the
country.” This directive places a constitutional duty on the state to prioritize environmental
protection.

2. **Fundamental Duties**: Article 51-A(g) of the Constitution imposes a fundamental duty on

every citizen of India “to protect and improve the natural environment including forests, lakes,
rivers and wildlife, and to have compassion for living creatures.” This encourages individuals to
actively participate in environmental conservation.

3. **Judicial Activism**: India’s judiciary has played a significant role in interpreting and enforcing
environmental provisions of the Constitution. Landmark cases like the Oleum Gas Leak case and
the MC Mehta cases have resulted in Supreme Court decisions that promote environmental
protection and the “polluter pays” principle.

4. **National Green Tribunal (NGT)**: While not a constitutional provision, the National Green
Tribunal Act of 2010 created the National Green Tribunal, a specialized environmental court with
jurisdiction over matters related to environmental protection and conservation. It provides a
forum for addressing environmental disputes and enforcing environmental laws.

5. **Environmental Legislation**: In addition to constitutional provisions, India has enacted

various environmental laws and regulations to address specific issues such as air quality, water
pollution, wildlife protection, and forest conservation. These laws work in conjunction with the
constitutional framework to promote environmental protection.

India’s constitutional provisions for environmental protection reflect its commitment to balancing
development with environmental sustainability. These provisions, along with legislative measures and
judicial oversight, aim to safeguard the country’s rich biodiversity and natural resources for present and
future generations.