Environment Protection under Fundamental Duties

Since rights and obligations are correlated, Part IV-A of the Indian Constitution has given its citizens access to a number of essential obligations. Therefore, these obligations are meant to act as a continual reminder to every citizen that while the Constitution expressly granted them certain fundamental rights, it also necessitates that individuals abide by certain fundamental standards of democratic behaviour.

• Environmental protection and maintaining the ecological balance are tasks that should be undertaken by both the government and the citizens as well. 
• It is a social duty, and let’s not forget that every person has a constitutional commitment to upholding it, as stated in Article 51-A(g). 
• In the matter of Rural Litigation & Environment Kendra v. the State of U.P., the Supreme Court of India. Simply put, the constitutionally sanctioned and made binding on its citizen’s customary obligations.

A basic right under Article 21 of the Indian Constitution is the “Right to a clean and healthy environment,” which is defined as the “Right to life.” 

The people’s participation is necessary for the government to create a clean and healthy environment, nevertheless. As it aspires to create social and economic fairness, everyone has a responsibility to preserve ecology, the environment, and forests.

There are several constitutional clauses that grant citizens authority and rights to safeguard the environment, including:-

• Article 48A:

The Directive Principle of State Policy governs it. It states that “the State must endeavour to conserve the country’s forests and animals, and to maintain and promote the environment.” The State was required under this provision to take different actions to safeguard the environment from pollution.

• Article 51A(g):

“It shall be the obligation of every citizen of India to safeguard and develop the natural environment, including forests, lakes, rivers, and animals, and to have compassion for living beings,” it adds. Similar to Article 48A, this article only differs in that it is the responsibility of individuals to maintain the environment, whereas Article 48A is the responsibility of the State. According to this article, since nature provides us with an environment free of pollution, it is our responsibility to both conserve and enhance the environment. In M.C. Mehta v. Union of India, the Supreme Court ruled that all educational institutions must offer a weekly teaching session on the environment for one hour as required by Article 51A(g).

• Article 253:

This article gives Parliament the authority to enact laws for the nation or any region of the territory to carry out any conventions, treaties, or agreements with foreign nations. By use of this article, the Parliament passed many environmental protection measures, including the Wildlife Act of 1972, the Water Act of 1974, the Air Act of 1981, and the Environmental Protection Act of 1984.

• Article 246:

The themes of legislation are divided between the Union and the State in this article. Additionally, it offers a Concurrent List, which covers the development of mining and minerals, and the preservation of animals, and forests, in which both the State and the Union share control and pass legislation. Therefore, legislation for environmental protection may be passed at both the state and federal levels. Additionally, the Water Act of 1974, which was passed by the parliament, gives Parliament additional authority to legislate legislation in State lists for the benefit of the country.

• Article 47:

It is the responsibility of the State to raise the living standards of its people by providing access to secure and sanitary environments, nutritious food, and health services. Additionally, it calls for increased environmental awareness among the populace.

• Article 19(1)(g):

According to article 19(1)(g), Indian citizens have the basic right to engage in any sort of commerce or company or to practice any relevant profession. Additionally, with a few logical limitations, residents are free to practice their vocation wherever throughout the nation.

• Article 21:

No one may be deprived of their life or personal freedom unless doing so follows the legal process, it says. 

It is the responsibility of each person to consider their influence on the environment and, if feasible, reduce the harm they do to the earth. It is necessary for everyone to switch on the lights at night, the shower in the morning, the air conditioner, and perhaps the car on Mother’s Day.

According to it, citizens have a basic right to engage in any activity, trade, or business in any region of the country, subject to certain limitations. In Cooverjee B. Bharucha v. Excise Commissioner, the Supreme Court gave environmental preservation the advantage over trade freedom. Therefore, a citizen cannot engage in such trade or economic operations if they are harmful to the general public’s health.

• Article 32 & 226:

When a basic right is violated by a PIL, these provisions give citizens the option to approach the Supreme Court or the High Court (Public Interest Litigation). According to Article 51A of the Indian Constitution, protecting the environment and preserving ecological balance is not only the responsibility of the government but also of all Indian citizens, as evidenced by the numerous PIL cases filed for this purpose, such as M.C. Mehta v. Union of India and Rural Litigation and Entitlement Kendra v. the State of UP (g).

Frequently Asked Questions Related to Fundamental Duties:

Q1. What are a few of the responsibilities we have as environmental citizens?

Solution:

The 3Rs — Reduce, Reuse, and Recycle — must get special attention when becoming sustainable. Reduce: Cut down on as much trash as you can. Avoid using chemicals that are not necessary in order to prevent their negative consequences. In our daily lives, soap is necessary to wash our clothing or other objects.

Q2. What part do people have in preserving the environment?

Solution:

By recycling, reusing, and composting, choosing more eco-friendly transportation methods, lowering your power consumption, shopping locally, supporting environmental charities, and avoiding hazardous chemicals, you may help safeguard the environment. You may engage in politics as well.

Q3. What section of the Indian Constitution addresses citizens’ obligations to safeguard the environment?

Solution:

Article 48A of Part IV of the Constitution (Forty-second Amendment) Act of 1976 specifically addressed environmental preservation. It states that the State shall make efforts to conserve the nation’s forests and wildlife as well as to maintain and develop the environment.

Q4. What are the aims of fundamental obligations?

Solution:

Because rights and responsibilities are related, fundamental duties are meant to act as a continual reminder to every citizen that while the constitution expressly granted them certain Fundamental Rights, it also required them to obey some basic standards of democratic conduct and behaviour.

Q5. Is it everyone’s obligation to protect the environment?

Solution:

It is the responsibility of each person to consider their influence on the environment and, if feasible, reduce the harm they do to the earth. It is necessary for everyone to switch on the lights at night, the shower in the morning, the air conditioner, and perhaps the car on Mother’s Day.