DR. B.R.

AMBEDKAR NATIONAL LAW

UNIVERSITY

Environment Law

CONSTITUTIONAL PROVISIONS FOR

ENVIRONMNET PROTECTION IN
INDIA

Submitted By: Submitted to:

– Keshar Tanwar Dr Manveer Kaur

Assistant Professor
Roll Number - 2101070
Environment Law
Section - B
ACKNOWLEDGEMENT
This project required a lot of directions and support from numerous people and I am very
fortunate to have got this all along the completion of my project. I thank the Vice Chancellor
of Dr. B.R. Ambedkar National Law University, Prof. (Dr.) Archana Mishra for giving me a
chance to exhibit my project and skills here at DBRANLU. I thank Dr. Manveer Kaur for all
his support and guidance. I am extremely thankful to her for being such a helpful teacher in
these difficult times. I extend my thanks to all the staff members of the IT lab and library who
supported my research process by helping me access various online libraries and e-resources.

Keshar Tanwar
2101070
 Index

Particulars Page No.

Introduction
Environment and Constitution
Suggestions for Environment Protection
Conclusion
Bibliography
 Introduction
Over the years, our Constitution has greatly expanded and changed, and it has reportedly
undergone the most amendments. In the Indian context, the standing of environmental
preservation has not only increased to that of a fundamental law of the land but has also recently
begun to coincide with human rights and is now widely acknowledged as a fundamental human
right of all Indian citizens.

The fundamental obligations entrenched in our constitution place a duty on people to conserve
the environment in order to guarantee a clean environment and a life of dignity and harmony for
every single human.

In India, the concern for environment protection has not only been raised to the status of
fundamental law of the land, but it is also wedded with human rights approach and it is now well
established that it is the basic human right of every individual to live in pollution free environment
with full human dignity. In various laws relating to environment protection, the Supreme Court
has held that the essential features of “sustainable development” such as Court has held that the
essential features of “sustainable development” such as the “Precautionary
1
Principle” and the “Polluter Pays Principle” are part of the environment law of the country.

Our Constitution clearly states that state policy directive principles are geared towards the notions
of a welfare state and that a healthy environment is a necessary component of a welfare state.
According to Article 47, the State's primary obligations include improving public health, which
includes environmental protection and enhancement, as well as enhancing the level of nutrition
and living conditions for its citizens.

According to Article 48-A of the constitution, the state must work to preserve the nation's forests
and wildlife as well as to protect and develop the environment. The fundamental rights that are
necessary for a person's growth are guaranteed by Part III.

The Indian Penal Code of 1860 marked the beginning of legislative history.

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Ch 3, Environmental Law, Prof. Paramjit S. Jaswal, Prof. Nishtha Jaswal & Vibhuti Jaswal
 Environment & Constitution
The Preamble and environment protection
The Indian Constitution's Preamble declares India as a socialist country, prioritizing the resolution
of social issues over individual problems. Pollution, particularly exceeding prescribed limits, is a
significant social problem that requires attention as it negatively affects both health and the
environment.
The Preamble's objective of socialism places the responsibility on the state to take strong measures
to ensure an environment free from pollution. This includes not only protecting the environment
but also providing a decent standard of living for all beings.
Environmental justice is considered a part of securing freedom and justice for citizens. The
deteriorating environment poses a serious threat to life, making environmental protection crucial.
As a Democratic Republic, the state is duty-bound to fulfill its obligations, including the
preservation of the environment.2 Citizens have the right to hold the government accountable for
its actions and initiatives to restore the environment.

Legislative Powers and environment protection Since

in Indian Constitution, there are three lists:
1. Union List

2. State List

3. Concurrent List
As we know the authority of dealing with the matters of the concurrent list (list III) is shared
between both the state and central government. It covers matters like protection of forests,
wildlife, conserving mines, population control etc. but in the instance of conflict, the decision of
the central government will supersede.
The legislative and administrative relations between the central and the state government are
precisely dealt in with the part XI of the Constitution. The power to make rules for the whole
country is with the Parliament of the country, while for that of the state lies with the state
government of every state. In an instance of passing state laws successive to the central laws, for

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Ch 3, Environmental Law, Prof. Paramjit S. Jaswal, Prof. Nishtha Jaswal & Vibhuti Jaswal
it to prevail, requires a Presidential assent first as in accordance with Article 254. In the situation
of national emergency, Parliament has the power to legislate the state subjects also. The division
of these legislative powers is essential to make provisions which can deal with environmental
problems.

Fundamental rights and environment protection

Right to life- Article 21 of the constitution states that no person shall be deprived of their right
to life or personal liberty except in accordance with procedures established by law. This provision
has been given a positive interpretation and casts a duty on the state to enforce the due
implementation of this law. The right to life includes the right to have a dignified life and the bare
necessities of life, as well as a decent and clean environment in which individuals can live safely
without any threat to their lives. This has been discussed in the case of Rural Litigation and
Entitlement Kendra, Dehradun v. State of Uttar Pradesh 3, where an expert committee was
appointed to advise the Supreme Court on technical issues. The Rajasthan High Court held that
maintaining the quality of the environment, sanitation and health is covered under Article 21 of
the Constitution.
Charan Lal Sahu v. Union of India 4held that the duty of the state is to take adequate and effective
steps for the enforcement and protection of Constitutional rights guaranteed under Article 21, 48-
A and 51-A(g). M.C Mehta v. Union of India 5held that citizens have a right to fresh air and have
a pollution-free environment in which they live. The scope of Article 21 was broadened to include
the right to livelihood, which includes the right of citizens to earn their livelihood along with the
right to life.

Freedom of Speech and Expression- Article 19(1)(a) of the Constitution states that people have
a fundamental right to have a clean and safe environment and a right to livelihood. Article
19(1)(g) of the Constitution states that all citizens of India have a fundamental right to carry on
any profession or business, trade or commerce at any place within the territory of India. Article
19(6) of the Constitution lays down reasonable restrictions to this fundamental right to avoid

3
1985 AIR 652 4 1990 AIR 1480 5 AIR 2002 SC 1696
environmental hazards. In M.C Mehta v. Union of India6, certain tanneries were discharging
effluents in the holy river Ganga which were causing water pollution. The court held that the
effluents drained were ten times more noxious than the ordinary sewage water which flows into
the river.

Right to Equality (Article 14): Equality before the law and equal protection of the law has been
granted under article 14 of the Constitution. This fundamental right impliedly casts a duty upon
the state to be fair while taking actions in regard to environmental protection and thus, cannot
infringe article 14. In cases of exercise of arbitrary powers on behalf of the state authorities, the
judiciary has played a strict role.

Obligation of citizens and environment protection

The duties of the state in protecting the environment are considered the rights of the citizens. The
state and citizens have interconnected responsibilities to ensure a pollution-free environment and
a decent standard of living. The 42nd amendment of the constitution introduced the concept of
fundamental duties to emphasize the importance of environmental protection. Part IV-A of the
constitution specifically addresses citizens' duty to protect and improve the natural environment,
including forests, rivers, lakes, and wildlife. This duty extends to taking measures to enhance the
environment. Intergenerational equity is a principle that emphasizes sustainable use of natural
resources for the benefit of future generations.
Courts play a role in ensuring the implementation of these duties. They can issue writs, orders, and
directions to enforce the provisions related to environmental protection. Negligence in fulfilling
these duties is considered a betrayal of the fundamental law of the land. In a case where the
municipality of Jaipur neglected its duty to maintain hygiene, the court affirmed that Article 51-A
grants citizens the right to move to court to ensure the authorities fulfill their duties. Negligence in
maintaining hygiene and sanitation standards infringes on citizens' fundamental right to life under
Article 21, which includes a clean and safe environment. The court directed the municipality to
take action to remove the threats to people's lives and health.
In another case, the court held that a registered society had the locus standi to protect and improve
the environment as part of its fundamental duty. The society was allowed to initiate

6
1988 AIR 1115
legal action to prevent ecological degradation and maintain ecological balance.
Furthermore, public interest litigation was filed by residents in a specific area to seek court
directions for the closure of a tyre retreading plant emitting harmful gases. The court considered
the closure of the plant as a fundamental duty under Article 51-A in the interest of environmental
protection.
Overall, these cases highlight the interconnectedness of rights and duties in protecting the
environment, with courts playing a vital role in ensuring the fulfillment of these responsibilities.

Obligation of State and Environment Protection

Imposing on every citizen in the form of fundamental duty to help in the preservation of natural
environment. This is the testimony of Government's awareness of a problem of worldwide
concern. Since protection of environment is now a fundamental duty of every citizen, it is natural
that every individual should do it as personal obligation, merely by regulating the mode of his
natural life. The citizen has simply to develop a habitual love for pollution. 3
Article 47 puts an obligation on the state that it shall gaze at the increasing level of nutrition and
standard of living of its people. Also, the primary duty of the state shall be to improve public
health. It is the obligation of the state to prohibit except for medicinal purposes, the consumption
of alcohol and drugs which can be injurious to the health of the living beings and pose a great
threat to their lives.

From the word responsibility it can be interpreted that state shall take effective, adequate and
necessary steps to improve the health and standard of living of all and promote awareness in the
context of environmental protection. In the environment development projects cannot be taken
up by the individuals who harm society as a whole. Thus, the state needs to keep a stringent check
on these activities and projects.4 There have been various reasons due to which level of pollution
in the environment is constantly increasing. For eg. water pollution is commonly caused due to
the draining of impure water in the rivers and which not only pollutes the natural resource of the
country but affects the health of citizens This lead to the urgent need of making provisions to
obligate thestate to preserve and protect the environment.

3
https://www.legalserviceindia.com/legal/article-3906-constitutional-provisions-for- protection-of-
environment.html
4
https://blog.ipleaders.in/constitution-environment-provisions/
In the case of Hamid Khan v. State of Madhya Pradesh, the state was negligent to supply water
from the handpumps, colossal damage was caused to the citizens, which affected their health
massively. Hence, due to this gross negligence on the part of the state, it was held that the state
failed to perform its basic duty.

Suggestions for Environment Protection

To prevent environmental pollution, the Government of India has enacted many laws and
legislations, but steps taken by the State are not enough to control pollution levels. It is
mandatory that, every citizen should take initiative at their level to control environmental
pollutions. 5These steps are:

1. Creating social awareness about how pollution adversely affects everyone.

2. Using solar power for electricity purpose at home and workplaces which reduces coal
consumption and it leads to decrease mining activities.
3. Use dustbins to put your garbage, rather than throw it anywhere at the roadside. This
practice reduces garbage pollution and people also stay healthy.
4. Try to use public transport such as bus, railways, metros, etc. instead of own vehicles
while only an individual travels.
5. Reduction in usage of chemical fertilizers, pesticides, and insecticides for agricultural
development.
6. Set up a proper treatment plant in factories and industries for the emission of their wastes.
7. Start the campaign of afforestation.

8. Use the products again and again and if the product is recyclable, then don’t destroy it
completely.
9. Use non-combustible solid wastes such as glass pieces, rubbish, tins, etc. as land-filling
in low-lying areas.
10. Avoid undesirable and excessive burning of crops, etc.

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https://lawcorner.in/constitutional-provisions-for-environmental-protection/
 Conclusion

Connecting human rights and environment is valuable sourcebook that explores the uncharted
territory that lies between environment and human rights legislation. Human beings can ensure
fundamental equality and adequate conditions of life in an environment that permits a life of
dignity and well-being. The term "environment" was not specifically mentioned in the
Constitution in the past, and there were no provisions in place to address environmental hazards
and control human behaviour that was significantly contributing to the degradation of the
environment while purporting to be exercising fundamental rights. The supreme law of the land
is the constitution. Therefore, including clauses that particularly address environmental issues
might prove advantageous for the environment.

A remedy for this significant health risk was found in the 42nd Amendment to the Indian
Constitution. The article's provisions are highlighted from the base up in order of appearance.
starting with the Preamble to the Constitution's usage of the phrases "democratic," "socialist,"
and "republic," as well as its relation to environmental preservation. The state has a responsibility
to protect the environment because, as an institution chosen by the people, it must serve them.
The idea of rights and obligations has since been discussed, including the right of a citizen to a
healthy environment as well as the duties of citizens to safeguard and preserve the environment
in which they live.

There is an urgent need to formulate laws keeping in mind the fact that those who pollute or
destroy the natural environment are not just committing a crime against nature, but are violating
human rights as well. Indeed, health has seemed to be the subject that bridges gaps between the
two fields of environmental protection and human rights. 6

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 BIBLIOGRAPHY
Book

1. Environmental Law by Prof. Paramjit S. Jaswal, Prof. Nishtha Jaswal & Vibhuti Jaswal
Statute

1. Indian Constitution

E- database o

Manupatra o

SCC Online o

Jstor

Website

1. https://blog.ipleaders.in/constitution-environment-provisions/

2. https://www.legalserviceindia.com/legal/article-3906-constitutional-provisions-for-
protection-of-environment.html
3. https://www.legalservicesindia.com/article/1926/Environmental-Laws-and-
Constitutional-Provisions-In-India.html
4. https://lawcorner.in/constitutional-provisions-for-environmental-protection/