Constitutional

Provisions related
to Environment
Protection
Introduction
The Indian Heritage and Culture has an intimate relation with the conservation
and protection of the environment. The Indian State has also enshrined it in the
Constitution which requires both the State and the Citizen to “protect and
improve the environment.”

At the Stockholm declaration in 1972, it was held that the world has one
environment. India being a signatory to such international pacts is under an
obligation to translate those provisions and follow them in the country.

Article 253 of the Constitution which empowers the Parliament of our country to
make laws which can be applicable to the whole or any territory of the country for
implementing any agreement or convention signed with the other country or
countries.

The 42nd Amendment to the Constitution of India added Article 48A and 51A(g)
which comes under the Directive Principle of State Policy and the Fundamental
Duties respectively.
 the
supreme
court held It is an
that it is accepted
essential to principle of
incorporate law.
the Thus, it was
In  internation considered
Vellore Citi al essential to
zens’ Welfa customary follow
re Forum v laws in the international
. Union of
India municipal laws by the
,  laws, domestic
provided courts of
they are not law.
contrary to
them.
 • Art. 48A :- Directive Principles of
State Policy. It Declares:-

“the State shall endeavor to protect

and improve the environment and to
Article 48A and 51 safeguard the forests and wildlife of
A (g) the country”.
• A similar responsibility imposed upon
on every citizen in the form of
Fundamental Duty

Indian constitution and

environment Protection
 •

Art. 51(A) (g) M.C. Mehta vs. Union of India (Vehicular

Pollution Case).
“to protect and • It was held to be the duty of the Government to
improve the see that the air did not become contaminated due
to vehicular pollution. The Apex court again
natural confirming the right to healthy environment as a
environment basic human right stated that the right to clean
air also stemmed from Art 21 which referred to
including forest, right to life.
lakes, rivers and • This case has served to be a major landmark
because of which lead-free petrol supply was
wildlife, and to introduced in Delhi. There was a complete phasing
have compassion out old commercial vehicles more than 5 years old
as directed by the courts. Delhi owes its present
for living climatic conditions to the attempt made to
creatures”. maintain clean air.

Indian constitution and

environment Protection
 In T.N. Godavarman Thirumalpad v. Union of India & Ors.,
(2002) 10 SCC 606,

 a three-Judge Bench of this Court read Article 48-A and Article 51-
A together as laying down the foundation for a jurisprudence of
environmental protection and held that "Today, the State and the
citizens are under a fundamental obligation to protect and improve
the environment, including forests, lakes, rivers, wild life and to
have compassion for living creatures“
• Principle 1 of the Stockholm
Declaration provides that:
• Man has the fundamental
right to freedom, equality and
adequate conditions of life, in
an environment of a quality
that permits a life of dignity
and well-being, and he bears
a solemn responsibility to
protect and improve the
environment for present and
future generation.
Fundamental Rights
• Article 14: Right to Equality To
protect persons against arbitrary and
unfair State actions is one of the
agenda of equality clause. This
Article being a general Article under
Part III plays a very important role
because it prohibits arbitrariness. It
will not be wrong to say that
coexistence of equality and
arbitrariness is impossible. The new
dimension of the right to equality
which excludes arbitrariness is often
used by judiciary for quashing the
permission of construction granted
arbitrarily by State without giving
due importance to environmental
concern.
Article 19(I) (g) confers right
upon the citizens to practice any
profession or to carry any • In Abhilash Textile v. Rajkot
occupation, trade or business and Municipal Corporation, AIR
this particular right carries certain 1988 Gujarat 57, Court held that:
reasonable limitations as given
under Article 19(6), which may be
• “Though a person has a right to
compulsory for the welfare of by carry on any business of his
virtue of a range of judgments of choice, but there is no right to
Supreme Court as well as the High carry on any business inherently
Courts, now it is well settled that dangerous to society, because the
the right to freedom of profession, interests of society are to be
occupation, trade or business is balanced with the interests of
subject to the condition that it
citizens to carry on business ,
should not be a cause for
environmental pollution.
hotels are source of
environmental pollution.
Article 19(1)(g) Right to practice any profession, or to carry on
any occupation, trade or business.
 The Right to Pollution
• Article 21 Free Environment was
• (Right to Wholesome declared to be a part of
Environment) Right to Life under
Article 21 of the
"No person shall be Constitution of India in
deprived of his life or the case of Subhash
personal liberty except Kumar vs. State of Bihar
according procedure and Ors. (1991).
established by law.“  Right to Life is a
Fundamental Right which
includes the Right of
enjoyment of pollution
Right to Life free water and air for full
enjoyment of life.
 • The Right to Pollution Free
Environment was declared to be a
part of Right to Life under Article
21 of the Constitution of India in
the case of Subhash Kumar vs.
RIGHT TO State of Bihar and Ors. (1991).
LIFE • Right to Life is a Fundamental
Right which includes the Right of
enjoyment of pollution free water
and air for full enjoyment of life.

Article 21
CONCLUSION
Human beings can ensure fundamental equality and adequate
conditions of life in an environment that permits a life of dignity
and well-being.
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.
Health has seemed to be the subject that bridges gaps between the
two fields of environmental protection and human rights.
The advancement of the relationship between human rights and
environment would enable incorporation of human rights principles
within an environmental scope, such as antidiscrimination
standards, the need for social participation and the protection of
vulnerable groups.