INTRODUCTION
The Constitution of India safeguards the protection of the environment through various amendments aimed to live in a clean and pollution free environment. The Preamble of Indian Constitution also ensures this to maintain dignity of the individual. Various provisions relating to the environment evolve over years. Though in ancient times there were many deliberations about conservation and improvement of the environment, after the Stockholm Conference in 1972 the functions relating to development of the environment were implemented. The 42nd Amendment Act to the Constitution was passed incorporating Article 48-A into the Directive Principle of State Policy of The Constitution of India. Acts related to the environment like
The Wild Life (Protection)Act, 1972; The Water (Prevention and Control of Pollution) Act,1974 and The Air (Prevention and Control of Pollution) Act,1981 were incorporated. Thus, the Indian Constitution plays a key role for the protection of the environment.
THE PREAMBLE OF THE INDIAN CONSTITUTION RELATING TO ENVIRONMENT PROTECTION
The Preamble of The Constitution of India ensures SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political
It indicates problems related to socialism will be given utmost priority. It confers upon duty of
Thus, the Preamble of Indian Constitution protects the environmental right of all its citizens against environmental degradation.
LEGISLATIVE POWER RELATING TO ENVIRONMENT
Under The Seventh Schedule of The Constitution of India, there are 3 lists namely-
- List-1- Union List dealing with the matters related to Central Government,
- List 2- State List dealing with the matters related to State Government,
- List 3- Concurrent List dealing with matters related to both Central and State Government.
List 1- Union List
The Union List of The Constitution of India includes environmental protection such as-
- Regulation and development of oil fields and mineral oil resources,
- Regulation of mines and mineral development,
- Regulation of labour and safety in mines and oilfields,
- Regulation and development of inter-State rivers and river valleys
- Fishing and fisheries beyond territorial waters.
List-2 – State List
State List of The Constitution of India includes environmental protection such as-
- Public health and sanitation,
- Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases,
- Water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power
- Regulation of mines and mineral development
- Fisheries
List-3- Concurrent List
Concurrent List of The Constitution of India includes environmental protection such as-
- Prevention of cruelty to animals,
- Forests,
- Protection of wild animals and birds,
- Economic and social planning,
- Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants
DIRECTIVE PRINCIPLE OF STATE POLICY
Article 47 of the Constitution incorporates the primary duty of the State to enhance the level of nutrition and improve the standard of living and public health. Under Article 48-A of The Constitution of India, inserted by 42nd Amendment Act to the Constitution,1976 the State is obligated “to protect and improve the environment and to safeguard the forest and wildlife of the country.”
In the case of Sher Singh v. Himachal Pradesh, it was held that the State under Article 48A of The Constitution of India has a duty to protect and improve the environment and safeguard the forest and wildlife of the country so that all the citizens have their fundamental right to a clean and healthy environment.
FUNDAMENTAL DUTIES
Article 51A of The Constitution of India confers not only duty to all its citizens but also to check the activities of the State whether the State activities comply with the provisions of the fundamental law of the land or not. The citizens can approach the court for the proper enactment of the duties of the State, local bodies, relevant departments.
Article 51A(g) of the Constitution of India states that every citizen of India has a fundamental duty “to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”
In the case of Kinkeri Devi v. State, Himachal High Court held that the State and all the citizens have constitutional obligations to not only protect and improve the environment but also safeguard the fauna, lakes, rivers and water resources in the country.
OTHER CONSTITUTIONAL PROVISIONS RELATED TO ENVIRONMENT
Article 14
Right to Equality and Environment Protection (Article 14):
Article 14 of The Constitution of India guarantees Equality before the Law and Equal Protection of the laws within the territory of India. This fundamental right confers a duty upon the State to take action for environment protection and against environmental degradation. This fundamental right ensures the State to act in the interest of the public and this fundamental right cannot be infringed anyway.
In the case of Bangalore Medical Trust v. B.S. Muddappa AIR 1991 SC 1902 it was held by the Hon’ble Court that open spaces, recreation, playing grounds and protection of ecology are a matter of utmost importance for the public and for development. Public interest should be given topmost priority in keeping open spaces and it can’t be sold to any private person for monetary profit or interest.
Article 19(1)(a)
Freedom of Speech and Expression and the Environment
Right of speech and expression is a fundamental right guaranteed under Article 19(1)(a) of Part-III of The Constitution of India to all the citizens of the country. Freedom of Press in environment related matters is also included in the Freedom of speech and expression.
In case of violation of fundamental right to have a healthy environment, people have approached the Court through speech and writing letters held in the case of Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh AIR 1985 SCR (3) 168.
Article 19(1)(g)
Freedom of Trade and Commerce and Environmental Protection
Under Article 19(1)(g) of The Constitution of India all the citizens of India have a fundamental right to carry on any business, profession, trade or commerce within the territory of India. Article 19(6) of The Constitution of India deals with certain reasonable restrictions to this fundamental right to maintain a healthy environment.
Thus, no one can cause harm to the environment by a trade, profession or business which creates ecological imbalance or threat to the environment.
In the case of M.C. Mehta v. Union of India, AIR 1988 SC 1037 it was ordered by the Supreme Court to stop tanneries from working because the tanneries discharge effluents in the river Ganga that causes pollution. While taking this decision, the Hon’ble Court considers that by this step unemployment might arise but a clean, healthy environment has a greater impact.
In the case of M.C. Mehta v. Union of India, 1994 the Hon’ble Supreme Court directed the closure of industries that didn’t comply with the directions of the Court regarding the installation of the system controlling the air pollution ought to be closed. In this case the Supreme Court highlighted the reasonable restrictions in the interest of the general public mentioned in Article 19(6) of The Constitution of India.
Article 21
Right to Life and Environment Protection:
Article 21 of The Constitution of India states that:
Protection of life and personal liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law.
Here Right to life is a fundamental right available to all citizens of the country to have all primary necessities of life like food, shelter, clothes, clean water. This Right to life also includes a clean, safe, healthy and decent environment so that all individuals can live safely without any sort of diseases and infections.
Sustainable Development Principle was held to be followed including Right to life in the case of Taj Trapezium Case.
Industrial activity which caused great threat to lives in Delhi can’t degrade the economy was held in the case of M.C. Mehta v. Union of India. In this case, the citizens’ right to acquire healthy and pollution free air was established.
State has a duty to take necessary steps in the protection and enforcement of Constitutional rights guaranteed under Article 21, 48-A, 51-A(g) was held in the case of Charan Lal Sahu v. Union of India.
In the case of L.K. Koolwal v. State of Rajasthan and Ors, Rajasthan High Court held that healthy environment, sanitation are included within the scope of Article 21 of The Constitution of India. Non-adherence of the provisions related to the environment may pose a serious threat to the lives of people.
A Writ Petition was filed under Article 32 of the Constitution in the case of Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh which ensures individuals to live in a clean, healthy and pollution free environment under Article 21 of The Constitution of India.
INTERNATIONAL AGREEMENTS ON ENVIRONMENT
Provisions relating to International Agreements
Article 51 of the Constitution of India states Promotion of International peace and security. Article 51(c) states-
The State shall endeavour to foster respect for international treaty obligations in the dealing of organised peoples with one another.
Article 253 of The Constitution of India states Legislation for giving effect to international agreements. According to the article-
Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.
India being signatory to Stockholm Declaration, 1972 has a duty to follow and apply the provisions in the country. Article 51(c) and Article 253 of The Constitution of India provides the provisions to comply with international treaty obligations in the country.
In the case of Vellore Citizens’ Welfare Forum v. Union of India, the Supreme Court held that the international customary laws should be applied in the municipal laws. It was also held to follow international laws in the country.
PRINCIPLES RELATED TO ENVIRONMENT PROTECTION
Certain principles related to Right to Life under Article 21 of The Constitution of India are as follows-
- Polluter Pays Principle-
According to the Polluter Pays Principle, one who is responsible for environmental damage must pay compensation for the pollution to the affected people. Polluter Pays Principle was applied based on OECD Recommendations in 1972 and 1974.
- Public Trust Doctrine:
According to the Public Trust Doctrine, the Government holds those natural and cultural resources in trust for the use and benefit of the public. Natural resources include rivers, lakes, land etc. must be preserved and protected by the Government for present and future generations.
- Precautionary Principle:
According to the Precautionary Principle, certain precautionary measures should be taken when there is a serious threat to the environment of uncertain scientific investigations.
In the case of Badkhal & Surajkund Lakes Case (1997) 3 SCC 715, The Hon’ble Supreme Court held that the State must apply Precautionary Principle to prevent the environmental degradation.
- Sustainable Development:
Sustainable Development Principle promotes the conservation of renewable energy sources and states that industrial development must not pose a serious threat to the environment.
CONCLUSIONS AND RECOMMENDATIONS
The Constitution of India has made various provisions for the protection of the environment and against environmental degradation. Judiciary has given orders to maintain ecological integrity and balance to preserve natural sources of environment so that citizens can live in a healthy, safe environment maintaining a decent standard of living. The Indian Constitution confers not only a fundamental duty to citizens to protect and improve the environment but also to the State to make provisions in order to take actions against pollution and threat to the environment. So, with Judiciary and State, it is our responsibility to conserve natural resources for our present and future generations and must keep in mind that industrial development must not adversely affect the environment.
Authored by- Krishna Sur, University of Burdwana
REFERENCES
- The Constitution of India
- Ipleaders Blog
