Protection of Environment under the Indian Constitution
Protection of Environment under the Indian Constitution
1. Introduction
India, with its rich biodiversity and natural resources, faces numerous environmental challenges due to industrialization, urbanization, and population growth. The Indian Constitution provides several provisions to safeguard the environment, both directly and indirectly. Over time, the judiciary has expanded these constitutional provisions to develop robust environmental jurisprudence.
2. Constitutional Provisions Related to Environmental Protection
Though the Indian Constitution does not have a specific Article solely dedicated to the environment, several provisions are interpreted to ensure environmental protection:
a. Fundamental Rights
Article 21: The right to life includes the right to a healthy and pollution-free environment. The Supreme Court has interpreted "life" in a broad sense, including environmental aspects necessary for a dignified existence.
Article 19(1)(g): Protects the right to practice any profession or to carry on any occupation, trade, or business. This right is subject to reasonable restrictions for environmental protection.
Article 14: Right to equality can be invoked against discriminatory environmental policies.
b. Directive Principles of State Policy
Article 48A (added by 42nd Amendment, 1976): Directs the State to protect and improve the environment and safeguard forests and wildlife.
Article 51A(g): Imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
3. Judicial Activism and Environmental Jurisprudence
The Supreme Court of India has played a crucial role in interpreting these provisions expansively to ensure environmental protection.
4. Landmark Case Laws on Environmental Protection
(i) Subhash Kumar v. State of Bihar (1991) 1 SCC 598
Facts: The petitioner filed a public interest litigation regarding pollution caused by mining activities.
Held: The Supreme Court held that the right to live under Article 21 includes the right to a pollution-free environment.
Significance: This case established that environmental protection is an intrinsic part of the right to life.
(ii) M.C. Mehta v. Union of India (1987) AIR 1086 (Oleum Gas Leak Case)
Facts: A gas leak from a chemical factory in Delhi caused severe harm to the public.
Held: The Court emphasized the principle of absolute liability of industries engaged in hazardous activities and held the State responsible for ensuring environmental safety.
Significance: This case expanded environmental liability and established strict norms for hazardous industries.
(iii) Indian Council for Enviro-Legal Action v. Union of India (1996) 3 SCC 212
Facts: The case dealt with hazardous waste dumping by industries causing environmental degradation in Bichhri village, Rajasthan.
Held: The Court applied the polluter pays principle, making the industries liable for damages caused to the environment and local population.
Significance: This judgment firmly established the polluter pays principle in Indian environmental law.
(iv) Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647
Facts: The case involved pollution caused by tanneries and other industries in Tamil Nadu.
Held: The Supreme Court adopted the precautionary principle and reiterated the polluter pays principle.
Significance: This case further consolidated principles of sustainable development and precautionary measures in environmental protection.
5. Principles Developed by Judiciary in Environmental Law
Precautionary Principle: The State must take preventive action to avoid environmental harm even if there is no conclusive scientific evidence.
Polluter Pays Principle: The cost of pollution should be borne by the polluter, not the public.
Sustainable Development: Development must meet present needs without compromising future generations' ability to meet their needs.
6. Role of Environmental Legislations and Regulatory Bodies
While the Constitution provides the framework, various laws like the Environment Protection Act, 1986, Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974, along with bodies like the Central Pollution Control Board (CPCB), implement environmental policies.
7. Conclusion
Environmental protection is a constitutional mandate in India, stemming from fundamental rights, directive principles, and citizens’ duties. The judiciary has significantly expanded the scope of environmental protection by reading these provisions broadly and laying down principles like the polluter pays and precautionary principles. This evolving jurisprudence aims to balance economic development with ecological sustainability.
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