Initially, there were no explicit provisions for environmental protection in the Indian Constitution though it was implicit in the Preamble and Directive Principles of State Policy. With time, the state has realized its responsibility to protect the environment and after that, the idea of environmental rights (in Fundamental Rights) and obligations (in Fundamental Duties) have been added to Constitution. Today, the Constitutional provision is that the environment must be maintained and protected and every citizen has the right to live in a healthy environment.
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Protection of the Environment
The Directive Principles of State Policy, Fundamental Duties, and Fundamental Rights section of the Indian Constitution contain specific provisions for environmental protection. Recent judicial activism has contributed to the Constitution’s lack of a particular clause recognizing the basic right to a healthy and clean environment. The Stockholm Conference, the growing awareness of the environmental issue, and the global movement for environmental conservation in the 1970s led the Indian government to pass the 42nd Amendment to the Constitution in 1976. Direct environmental protection provisions were added to the Constitution by an amendment. Article 48-A was added to the Directive Principles of State Policy by the 42nd Amendment.
Provisions Enshrined in Constitution
A. Directive Principles of State Policy
Article48-A: According to the article, “The State shall endeavour to safeguard the country’s forests and wildlife, and to maintain and promote the environment.” It was determined that residents of the nation had a basic right to a healthy, clean, and decent environment in Sher Singh v. Himachal Pradesh.
Additionally, according to Article 47, one of the State’s fundamental responsibilities is to “raise the level of nutrition, the standard of living, and the state of the public health of its people.” Public health must be improved through environmental protection and development.
B. Fundamental Duties
Article 51-A, Clause (g): This article addresses the fundamental obligations of citizens, and indicates that it is the responsibility of every Indian citizen to preserve and enhance the natural environment, including forests, lakes, rivers, and animals, as well as to have compassion for all living things. As a result, both the State (Article 48-A) and every person (Article 51-A(g)) have a responsibility to preserve and improve the natural environment.
C. Fundamental Right
The Right to a Clean Environment is one of the implied Fundamental Rights under Fundamental Rights (Part-III) as established by the judiciary using Articles 14, 19, 21, and 32.
According to Article 14 of the Constitution, everyone is entitled to equality before the law and equal protection under the law. Article 14 implicitly imposes an obligation on the state to exercise fairness in its environmental protection measures.
Article 19(1) has also been interpreted by the Supreme Court to address the threat of noise pollution. In the PA Jacob case, 1993, the court upheld the position that using loudspeakers or sound amplifiers is not protected under Article 19(1). Additionally, Article 19(1)(g) grants citizens the basic right to engage in any profession, trade, or business. However, this basic right is subject to reasonable limitations, and citizens are not allowed to engage in commercial activities that pose a risk to the environment’s health.
The Supreme Court has examined Article 21, which states that “no person shall be deprived of his life or personal liberty except in accordance with the procedure established by law.” The court has repeatedly ruled that this act inherently guarantees the right to an environment, free from the threat of disease and infection. In 1988’s Dehradun Quarrying Case, the Supreme Court declared that the right to a healthy environment is a natural outcome of article 21. The Environment Protection Act was invoked in this case, and the Supreme Court ordered quarrying to cease. Additionally, the Supreme Court ruled in Subhash Kumar v. the State of Bihar that Article 21’s right to clean water and air, qualifies as a fundamental right.
Articles 32: Most environmental pollution and ecological imbalance case were brought under Articles 32 and 226 of the Indian Constitution. A well-known fundamental right called Article 32 i.e. Right to Constitutional Remedies allows any party to file a writ petition for environment protection or a PIL (Public Interest Litigation) with the Supreme Court of India challenging any action that puts people in danger or harms the environment. The Supreme Court has the authority to issue any ruling or order giving immunity from such activities.
Article 253: This article states “Parliament has the power to make any law for the whole or any part of the country for executing any treaty, agreement, or convention with any other country,”. Simply put, this article contends that Parliament has the authority to pass laws pertaining to any issues related to the protection of the natural environment. To put into effect the Stockholm Conference, certain Acts were passed under this provision like the Air (Prevention and Control of Pollution) Act 1981 and the Environmental (Protection) Act 1986.
Steps Taken for Environmental Protection (Based on Constitutional Provisions)
On the basis of Constitutional provisions, the government and judiciary have come up with many legislations, policies, rules, and international treaties.
- The Environmental (Protection) Act 1986, the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Biological Diversity Act 2002, and other legislations were passed by the Parliament to safeguard the environment.
- On the basis of these provisions, India has signed many international legislations, conventions and treaties. Wetland Convention (Ramsar Convention), Montreal Protocol, UNFCCC Climate Conventions, Kyoto Protocol, Biological Diversity Convention etc.
- National Biodiversity Authority, National Ganga River Basin Authority, Wildlife Crime Control Bureau, National Tiger Conservation Authority and many other regulatory bodies were formed on the basis of these provisions.
- Protected Areas including National Parks, Wildlife Sanctuaries, Conservation Reserves, and Community Reserves, comprising significant habitats have been established based on Constitutional Provisions.
- The Bombay Natural History Society, the Wildlife Institute of India, and the Salim Ali Centre for Ornithology and Natural History are a few of the research institutions established for wildlife protection.
- Different policies and plans like National Biodiversity Action Plan, National Water Policy, National Policy and macro-level action strategy on Biodiversity, and National Forest Policy are formulated through Constitutional Provisions.
- For the recovery of endangered species like the Hangul in Jammu and Kashmir, Snow Leopard in Jammu and Kashmir, Himachal Pradesh, and Arunachal Pradesh, Vulture in Punjab, Haryana, and Gujarat, and Nilgiri Tahr in Tamil Nadu, an “Integrated Development of Wildlife Habitats” plan is being implemented.
- Project Tiger, Project Elephant, Crocodile Breeding Project and Project Rhino are some of the species-oriented projects to protect biodiversity and the environment has been launched.
The Government of India has passed numerous laws and regulations to combat environmental pollution, but these measures fall short of what is needed to keep pollution levels under control. Each citizen must take the initiative to reduce environmental pollution at their own level and raise awareness of environmental protection for all living things.
Conclusion:
In the past, neither the word “environment” nor any particular provisions were explicitly made in the Constitution to address environmental protection. The constitution is the supreme law of the land, including sections that particularly address environmental issues which might prove effective for the environment. Constitution has a number of provisions for environmental protection and the Government of India came with many efforts for the same. Though it is the judiciary that came with innovative and courageous moves to interpret the constitutional provisions for environmental protection.