Constitutional Recognition of Environmental Protection in India

Abstract

The Constitution of India being the supreme law of the nation lays down several rights, duties and principles that each individual must abide by. Majority of constitutional provisions provide a collection of core or inherent rights that apply to all people. These are designed with the purpose of constraining the authority that the Sovereign has upon its citizens and its obligation of defending their integrity as persons. Part III of the Indian Constitution defines the fundamental rights that the citizens of the nation can exercise while certain rights are available to all the people regardless of their nationality, these include the basic right to life, personal liberty and equality before law.

Article 21 of the Indian Constitution grants right to life, personal liberty that is available to each and every individual. Decent standard of living and a pollution free environment is an inherent part of the right to life.

Our legal system acknowledges that the right to a clean environment is indeed a very old concept recognized by the judiciary. That is a basic right as well. There have been various legal rulings in support of this right. The government's and every Indian citizen's primary responsibility is to safeguard the environment. Articles 21, 14, and 19 have been applied to environmental stewardship. The privilege of living with dignity includes the ability to live in a safe environment. However, considering the present case scenario, our environment is not just sustainable for living but is on the verge of deteriorating day by day, that would in turn pose a threat over our right to life since one cannot sustain without the existence of a clean and safe environment. This raises a concern to ensure a clean and safe environment and the measures to ensure the same have also been initiated by various judicial pronouncements.

Thus this paper attempts to analyze the constitutional recognition of environmental protection in India and various articles and constitutional provisions that have been laid down for the sustenance of our environment to ensure the pursuance of our right to life in true sense. It also attempts to understand the importance of integrating such provisions for the protection of Environment in India. Finally, the researcher tries to shed light on our fundamental duties to safeguard the ecosystem.

Keywords: Indian Constitution, Ecosystem, Environment, Sustainable development, Pollution, Freedom, Life, Article 21, Fundamental rights

JEL Classification: I18, I31, Q01, Q53, Q57