The Indian Constitution, while not originally including specific provisions for environmental protection, has evolved to incorporate a strong framework for environmental conservation and improvement. Here’s a detailed look at the constitutional provisions:
Directive Principles of State Policy
– Article 48A: Directs the State to protect and improve the environment and to safeguard forests and wildlife.
Fundamental Duties
– Article 51A(g): Imposes a duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
Fundamental Rights
– Article 21: Interpreted by the Supreme Court to include the right to a healthy environment as part of the right to life.
– Article 14: Ensures equality before the law, which has been used to address environmental justice issues.
– Article 19: Provides freedom of speech and expression, which can extend to advocacy for environmental protection.
Legislative Powers
– The Constitution empowers the State to enact laws to protect the environment. Following international agreements like the Stockholm Declaration, India enacted laws such as the Wildlife Protection Act (1972), the Water (Prevention and Control of Pollution) Act (1974), and the Air (Prevention and Control of Pollution) Act (1981).
Judicial Activism
– The Indian judiciary, particularly the Supreme Court, has played a pivotal role in environmental protection by interpreting the Constitution to include environmental rights and by enforcing the ‘Polluter Pays’ and ‘Precautionary’ principles.
Environmental Legislation
– The Environment (Protection) Act of 1986 is a comprehensive legislation that defines the environment and provides mechanisms for its protection.
The Constitution acts as a living document that grows with societal needs, and the protection of the environment is now an integral part of the constitutional mandate in India. This framework reflects the country’s commitment to maintaining a balance between development and environmental sustainability.
Source:
(1) Constitutional Provisions for Protection of Environment. https://www.geeksforgeeks.org/constitutional-provisions-for-the-protection-of-environment/.
(2) Environment Protection under Constitutional Framework of India. https://pib.gov.in/newsite/PrintRelease.aspx?relid=105411.
(3) Constitution of India and Environmental Law – LawPage. https://lawpage.in/environment/constitution-and-environment.
(4) All Constitutional Provisions pertinent to Environment Protection in India. https://blog.ipleaders.in/constitution-environment-provisions/.
(5) What is the Environmental Protection in India? – PlanetofLaw. https://planetoflaw.com/environmental-protection-in-the-constitution/.
Why I am talking about it?
Indian constitution give rights to protect environment.
You should care because…
Because it is important to know about the environment protection under Indian Constitution.