Provisions of the Constitution of India : Environmental protection

 

Here are the relevant provisions of the Constitution of India that address environmental protection:

Directive Principles of State Policy (DPSP)

• Article 48A:
  • Directs the State to endeavor to protect and improve the environment and safeguard forests and wildlife.
  • Mandates the State to take steps to prevent and control pollution of water and air.
• Article 51A(g):
  • Casts a fundamental duty on every citizen "to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures."

Interpretation by the Judiciary

• The Supreme Court has interpreted these provisions to elevate the right to a healthy environment as a part of the fundamental right to life under Article 21.
• This has empowered citizens to approach courts to seek protection of their environmental rights and hold the State accountable for environmental protection.

Key Environmental Laws and Policies

• The Environment (Protection) Act, 1986: Comprehensive legislation for pollution control and environmental protection.
• The Water (Prevention and Control of Pollution) Act, 1974: Regulates water pollution.
• The Air (Prevention and Control of Pollution) Act, 1981: Regulates air pollution.
• The Forest (Conservation) Act, 1980: Regulates the use of forest land for non-forest purposes.
• The Wildlife Protection Act, 1972: Protects wild animals, birds, and plants.
• The National Green Tribunal Act, 2010: Establishes a specialized tribunal for expeditious disposal of environmental cases.

Additional Provisions

• Seventh Schedule of the Constitution:
  • Subjects like "forests," "protection of wild animals and birds," and "water, that is to say, water supplies, irrigation, canals, drainage and embankments, water storage and water power" are included in the State List, empowering states to enact laws on these matters.

Significance

• The inclusion of environmental protection in the DPSP and Fundamental Duties reflects a recognition of its importance for sustainable development and the well-being of citizens.
• These provisions have provided a framework for the development of a comprehensive environmental jurisprudence in India.
• They have also encouraged public participation in environmental protection and strengthened the role of courts in safeguarding environmental rights.