PROJECT ON

DYNAMIC INTERPRETATION OF ARTICLE 14, 19 & 21 OF

THE CONSTITUTION FOR ENVIRONMENTAL MATTERS
(ENVIRONMENT LAW)

PROJECT SUBMITTED TO:

DR. RANA NAVNEET ROY
(FACULTY: ENVIRONMENTAL LAW)

PROJECT SUBMITTED BY:

SWAPNIL BHAGAT
SEMESTER-IV, SECTION-A
ROLL NO-155

SUBMITTED ON: 05.03.2020

 HIDAYATULLAH NATIONAL LAW UNIVERSITY
UPARWARA POST, ABHANPUR, ATAL NAGAR, C.G
DECLARATION

I hereby declare that the work reported in this project report entitled “Dynamic
interpretation of Article 14, 19 & 21 of the Constitution for Environmental matters (Environment
Law).” submitted at Hidayatullah National Law University, Raipur is an outcome of my work
carried out under the supervision of Dr. Rana Navneet Roy is based on actual and original work
carried out by me. Any reference to the work done by any other person or institution or any
material obtained from the sources have been duly cited and referenced. I further certify that
project report has not been submitted before to any other faculty member of Hidayatullah
National Law University, Raipur. To the best of my understanding, the project is free from any
plagiarism issue.

Swapnil Bhagat
Semester-IV,
Section-A, Roll No-155

2
 ACKNOWLEDGEMEN

First and foremost I would like to thank ​Dr. Rana Navneet Roy ​Sir, faculty
Environmental Law, Hidayatullah National Law University Raipur, for creating opportunities to
undertake such a valuable project. He helped me in preparing the project through his aura and
by granting his precious time for consultation, discussion and giving suggestions over this
project. He had also helped me in improving the perception regarding the study of topic in its
vast resources and in broader way. He had cleared all doubts and uncertainty towards this
project. Therefore, I want to thank him, for all his efforts and cooperation which he conferred to
me.

I thank, almighty God, who bestowed and showers his blessings upon me and provided
with the gift of intellect to work on such topic with full dedication and intelligence.

I also owe my gratitude towards University Administration for providing me all kinds of
required facilities with good Library and IT lab. This helps me in making the project and
completing it. My special thank to Library Staff and IT staff for equipping me with the
necessary data and websites from the internet.

I would also like to show appreciation towards me because I had carried this project
work as a challenge and completed in due time. The topic of this project is much influencing to
me as it embodies itself under the head of special suit for which the procedure followed under
the Code is mandatory.

Swapnil Bhagat
Semester-IV,
Section-A, Roll No-155

3
 TABLE OF CONTENT

S.NO CONTENTS PAGE NO

1. Cover page 01

2. Acknowledgment 02

3. Declaration 03

4. Chapter-I: Introduction 05

5. Aims & Objectives 07

6. Research Methodology 07

7. Chapter-II: 08

8. Chapter-III: 11

09. Chapter-IV: 14

10. Conclusion 15

11. References 16

4
 CHAPTER-I

INTRODUCTION

The constitution of India is not an inert but a living document which evolves and grows

5
with time. The specific provisions on environment protection in the constitution are also result of
this evolving nature and growth potential of the fundamental law of the land. The preamble to
our constitution ensures socialist pattern of the society and dignity of the individual. Decent
standard of living and pollution free environment is inherent in this. The Environment
(Protection) Act, 1986 defines environment as “environment includes water, air and land and the
interrelationship which exists among and between air, water and land and human beings, other
living creatures, plants, micro-organism and property”.

In India, the concern for environmental protection has not only been raised to the status
of fundamental law of the land, but it is also wedded with human rights approach and it is now
well established that, it is the basic human right of every individual to live in pollution free
environment with full human dignity. In view of the various constitutional provisions and other
statutory provisions contained in various laws relating to environment protection, the Supreme
Court has held that the essential feature of “sustainable development” such as the “precautionary
1
principle” and the “polluter pays principle” are part of the environmental law of the country.
When our constitution was drafted it did not contain any specific provisions on environment and
even the word “Environment” did not find a place in the constitution; there are certain provisions
which to great extent had direct bearing on the environment such as improvement of public
health, organization of agricultural and animal husbandry on modern and scientific lines and
2
protection of natural monuments from spoliation, disfigurement.

Our constitution is not an inert but has grown and evolved over the years. In the Indian
scenario, environment protection, has not only been raised to the status of fundamental law of the
land, but it has also been webbed with human rights approach and is now considered as a
well-established fact that it is the basic human right of every individual, to live in a pollution free
environment with complete human dignity. The preamble to our constitution provides for a
socialist society which promotes environmental protection. The fundamental duties again clearly

http://www.greeklawdigest.gr/topics/physical-cultural-environment/item/93-the-constitutional-protectionof-the-envi
ronment
2
https://researchspace.ukzn.ac.za/xmlui/bitstream/handle/10413/12290/Muir_Andrew_Robert_2014.pdf?seq
uence=1&isAllowed=y

6
impose duty on all citizens to protect environment. The Directive principles further are directed
towards the ideals of building a welfare state. Healthy environment is one of the essential
elements of a welfare state. Article 47 states that the State shall regard the raising of the level of
nutrition and the standard of living of its people and the improvement of public health which
includes the protection and improvement of environment as a part of its primary duties. Article
48-A of the constitution states that the state shall endeavor to protect and improve the
environment and to safeguard the forests and wild life of the country. Part III guarantees
fundamental rights which are essential for the development of an individual. A citizen cannot
carry on business activity, if it is health hazards to the society or general public. The paper
meticulously deals in the remedies under Article 36 and 226 and also forms a notion for the
reader that knowledge of these provisions is necessary to bring greater public participation,
environmental awareness amongst the masses.

AIMS AND OBJECTIVES

7
 The basic objective behind this project is to study about the Constitutional Provisions on
environmental protection.
OBJECTIVES:
● To compare the provisions on Environmental Protection Act, 1986,
● To find a method in bringing in an effective mode of environmental preservation,
● To study the case laws regarding Environmental Law,
● To observe whether the constitutional remedy is effective enough or not.

RESEARCH METHODOLOGY

This research is descriptive and analytical in nature. Secondary and Electronic resources
have been largely used to gather information and data about the topic. Books and other reference
as guided by Faculty have been primarily helpful in giving this project a firm structure. Websites
and dictionaries have also been referred.
 
Sources of Data:
The following secondary sources of data have been used in the project-
1. Articles
2. Books
3. Websites

8
 CHAPTER-II

ENVIRONMENT AND CONSTITUTION OF INDIA

I. Preamble of the Constitution and Environmental Law

The preamble to our constitution ensures socialist pattern of the society and dignity of the
individual. Decent standard of living and pollution free environment is inherent in this. The basic
idea behind the concept of socialism is to promote “decent standard of living for all” which is
only possible in a pollution free environment. Pollution is considered as one of the social
problems. The state is thus compelled by the Constitution to pay attention to this social problem
3
to establish a just social order.

The preamble further declares that, the great rights and freedoms which the people of
India intended to secure all citizens include justice, social, economic and political. Justice also
includes environmental justice. Although the particular word „environment‟ does not find a
place here, we can very well interpret this to include environmental justice. Environment as a
subject matter has entered in our day to-day life in such a way that we cannot ignore
deliberations on environmental matters when discussing about socio-economic or socio-political
scene of the country.(Shanthakumar 2007; Shastri 2008)
II. Article 48A & 51A(g):

The basic idea

3
​Article 38 of the Const. Of India mandates the State to secure a social order for the promotion of welfare of the
people.

9
behind the concept of
socialism is to promote
“decent standard of living
for all” which is only
possible in a pollution
free environment.
Pollution
is considered as one of
the social problems. The
state is thus compelled
by the Constitution to pay
attention to this social
problem to establish a
10
just social order.
The basic idea
behind the concept of
socialism is to promote
“decent standard of living
for all” which is only
possible in a pollution
free environment.
Pollution
is considered as one of
the social problems. The
state is thus compelled

11
by the Constitution to pay
attention to this social
problem to establish a
just social order.
The basic idea
behind the concept of
socialism is to promote
“decent standard of living
for all” which is only
possible in a pollution
free environment.
Pollution

12
is considered as one of
the social problems. The
state is thus compelled
by the Constitution to pay
attention to this social
problem to establish a
just social order.​ The basic idea behind the concept
of socialism is to promote “decent standard of living for all” which is only possible in a pollution
free environment. Pollution is considered as one of the social problems. The state is thus
compelled by the Constitution to pay attention to this social problem to establish a just social
4
order.
4
E-sources:
1. ​www.slideshare.net
2. ​www.cprindia.org
3. ​www.indiankanoon.com

Articles:
https://pib.gov.in/newsite/PrintRelease.aspx?relid=105411
https://www.indianbarassociation.org/wp-content/uploads/2013/02/environmental-law-ar
ticle.pdf
https://blog.ipleaders.in/constitution-environment-provisions/
https://acadpubl.eu/hub/2018-120-5/2/195.pdf

13
 Initially, the Constitution of India had no direct provision for environmental protection.
Global consciousness for the protection of environment in the seventies, Stockholm Conference
and increasing awareness of the environmental crisis prompted the Indian Government to enact
42nd Amendment to the Constitution in 1976. The Constitution was amended to introduce direct
provisions for protection of environment. This 42nd Amendment added Article 48-A to the
Directive Principles of State Policy.

Article 48A ​was associate addition to the Directive Principles of State Policy. It states
that “the State shall endeavour to protect and improve the environment and to safeguard the
forests and wildlife of the country”. The Article explains that it is the duty of the state to protect
the natural environment and improve the environment by various methods of preservation in
order to reduce the pollution already caused. It also mentions that it is the duty of the state to
safeguard the forest and the wildlife surrounding the country.

Article 51A (1) (g) was a responsibility given to the citizens of India as an addition to the
Fundamental Duties. It states, “To protect and improve the natural environment including forest,
lakes, rivers and wildlife, and to have compassion for living creatures”. The Article is similar to
Article 48A but the only difference is the duty given is to the citizens of India as a Fundamental

https://www.researchgate.net/publication/299521753_A_critical_view_on_the_impact_of
_constitution_of_India_as_internal_regulatory_mechanism_for_environmental_issues_a
nd_policies
https://cdem.somaiya.edu/media/pdf/Env%20Law%20and%20policy%20.pdf
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3103440
http://www.legalservicesindia.com/law/article/1105/10/Judicial-Interpretation-in-Right-t
o-Life-and-Personal-Liberty-Under-Article-21-of-Indian-Constitution
http://www.legalserviceindia.com/article/l399-A-Mandate-To-Pollution-Free-Environme
nt.html
https://www.legalbites.in/environmental-law-indian-constitution/

14
Duty. (Ojwang 1993)

5
In ​L.K Kollwal V State of Rajasthna , a straightforward writ petition by voters of Jaipur
compelled the municipal authorities to produce adequate sanitation. The court observes that once
each national owes a constitutional duty to safeguard the surroundings (Art.51A), the national
should be conjointly entitled to enlist the courts aid in imposing that duty against recalcitrant
State agencies. The Court gave the administration six month to wash up the complete town, and
laid-off the plea of lack of funds and employees. (Harrison 2005)

III. Article 253:

Article 253 states that ‘Parliament has power to make any law for the whole or any part
of the country for implementing any treaty, agreement or convention with any other country. In
simple words this Article suggests that in the wake of Stockholm Conference of 1972,
Parliament has the power to legislate on all matters linked to the preservation of natural
environment. Parliament’s use of Article 253 to enact Air Act and Environment Act confirms
this view. These Acts were enacted to implement the decisions reached at Stockholm
Conference.

IV. Article 246:

Article 246 of the Constitution divides the subject areas of legislation between the
Union and the States. The Union List (List I) includes defence, foreign affairs, atomic
energy, intestate transportation, shipping, air trafficking, oilfields, mines and inter-state
rivers. The State List (List II) includes public health and sanitation, agriculture, water
6
provides, irrigation and emptying, fisheries. The Concurrent list (List III) (under that
each State and also the Union will legislate) includes forests, protection of wildlife, mines
and minerals and development not coated within the Union List, population control and
factories. From an environmental stand, the allocation of legislative authority is a crucial

5
​AIR 1988 Raj 2; 1987 (1) WLN 134
6

http://legaldesire.com/environmental-law-and-its-implementation-in-india-a-judicial-role-with-specialreference-to-cr
p-c/

15
 one – some environmental drawback like sanitation and waste disposal, square measure
best tackled at the native level; others, like pollution and wildlife protection, square
measure higher regulated uniform national laws.

Environment and Citizens:

The Constitution of India has made a double provision:
(i) A directive to the State for protection and improvement of environment.
(ii) Imposing on every citizen in the form of fundamental duty to help in the
preservation of natural environment. This is the testimony of Government’s
awareness of a problem of worldwide concern. Since protection of environment is
now a fundamental duty of every citizen, it is natural that every individual should
do it as personal obligation, merely by regulating the mode of his natural life. The
citizen has simply to develop a habitual love for pollution.

CHAPTER-III

16
 FUNDAMENTAL RIGHTS

The Constitution of India under part III guarantees fundamental rights which are essential
for the development of every individual and to which a person is inherently entitled by virtue of
being human alone. Right to environment is also a right without which development of
individual and realization of his or her full potential shall not be possible. Articles 21, 14 and 19
of this part have been used for environmental protection.

1. ARTICLE-14 RIGHT TO EQUALITY: “It is the duty of the State to treat all person
equal or equal protection before the law within the territory of India”. The possibility of
infringement of this Article by a government decision having impact on the environment
cannot be ruled out. Article 14 strikes at arbitrariness because an action that is arbitrary
7
must necessarily involve a negation of equality. Thus, permission for contractions that is
contrary to town planning regulation by the municipal authority may be challenged.
Similarly, Article 14 may be invoked to challenge governmental sanction of projects
having adverse impact on the natural environment and where such sanctions involve
arbitrary considerations.
KAMAL NATH CASE:
In the State of Himachal Pradesh, Span motel, owned by the family members of Shri Kamal
Nath, Minister for Environment and Forests, Govt. of India diverted the Course of river
Beas to beautify the motel and also encroached upon some forest land. The apex court
ordered the management of the Span motel to hand over forest land to the Govt. of
Himachal Pradesh and remove all sorts of encroachments. The Court delivered a land
mark judgment and established principle of exemplary damages for the first time in India.
The Court said that polluter must pay to reverse the damage caused by his act and
imposed a fine of Rs Ten Lakhs (Rs 10,00,000) on the Span motel as exemplary
damages. The Supreme Court of India recognized Polluter Pays Principle and Public
Trust Doctrine.

​ rticle 19 (1) (g) of the Indian constitution confers fundamental

2. ARTICLE-19(1)(g)​: A

right on every citizen to practice any profession or to carry on any occupation, trade or

7
Ajay Hasia v. Khalid Mujib Shervardi , AIR 1981 SC 487,499.

17
 business. This is subject to reasonable restrictions. A citizen cannot carry on business
activity, if it is health hazards to the society or general public. Thus safeguards for
environment protection are inherent in this.

The Supreme Court, while deciding the matter relating to carrying on trade of liquor in
8
Cooverjee B. Bharucha Vs Excise commissioner, Ajmer o​ bserved that, if there is clash
between environmental protection and right to freedom of trade and occupation, the
courts have to balance environmental interests with the fundamental rights to carry on
any occupations.

3. ARTICLE-21 RIGHT TO LIFE

According to Article 21 of the constitution, “no person shall be deprived of his
life or personal liberty except according to procedure established by law”. Article 21 has
received liberal interpretation from time to time after the decision of the Supreme Court
9
in ​Maneka Gandhi vs. Union of India,​ . Article 21 guarantees fundamental right to life.
Right to environment, free of danger of disease and infection is inherent in it. Right to
healthy environment is important attribute of right to live with human dignity. The right
to live in a healthy environment as part of Article 21 of the Constitution was first
10
recognized in the case of ​Rural Litigation and Entitlement Kendra vs. State,
(Popularly known as Dehradun Quarrying Case). It is the first case of this kind in India,
involving issues relating to environment and ecological balance in which Supreme Court
directed to stop the excavation (illegal mining) under the Environment (Protection) Act,
11
1986. In ​M.C. Mehta vs. Union of India,​ the Supreme Court treated the right to live in
pollution free environment as a part of fundamental right to life under Article 21 of the
Constitution.
Kendra v State of UP,​ also known as the Dehradun quarrying case, the Supreme
Court of India has held that pollution caused by quarries adversely affects the health and

8
​(1954, SC 220)
9
(AIR 1978 SC 597)
10
AIR 1988 SC 2187
11
AIR 1987 SC 1086

18
 safety of people and hence, the same should be stopped as being violative of Article 21.In
this case, the Supreme Court for the first time held that the right to wholesome
environment is a part of right to life and personal liberty guaranteed under Article 21 of
the Constitution.
Further, in the case of ​Subhash Kumar v State of Bihar​, again the apex court
held that the right to get pollution free water and air is a fundamental right under Article
21. Following this decision, the right to pollution free environment was incorporated
under the head of right to life and all the law courts within the Indian territory were
bound to follow the same. This laid down the foundation of environmental litigation in
India. Similarly, public health and ecology3 were held to be the priorities under Article
21 and the constitution of a green bench was also ordered by the Supreme Court.
In the case of ​Ratlam Muncipality v Vardicharan​, where the problem of
pollution was due to private polluters and haphazard town planning, it was held by the
Supreme Court that pollution free environment is an integral part of right to life under
Article 21.
12
In the case of ​Attakoya Thangal v. Union of India​, Life cannot be possible
without clean drinking water therefore; right to clean water is one of the attributes of the
right to life in Article 21 of the Constitution. The industrial establishments in and around
residential colonies are another cause of concern, more so, when the industries have
mushroomed contrary to the development plans.
13
In ​V. Lakshmipathy v. State of Karnataka the same issue came before the High
Court of Karnataka. The High Court held that once a development plan had earmarked
the area for residential purpose, the land was bound to be put to such use only. Thus,
High Courts , it seems, were moreenthusiastic and active in accepting and declaring that
‘right to life’ in Article 21 includes ‘right to environment.

Excessive noise creates pollution in the society. The constitution of India under Article
19 (1) (a) read with Article 21 of the constitution guarantees right to decent environment and

12
1990 (1) KLT 580
13
AIR 1992 Kant 57

19
right to live peacefully. In PA Jacob vs. The Superintendent of Police Kottayam, AIR 1993 Ker
1, the Kerala High Court held that freedom of speech under article 19 (1)(a) does not include
freedom to use loud speakers or sound amplifiers. Thus, noise pollution caused by the loud
speakers can be controlled under article 19 (1) (a) of the constitution.

CHSPTER-IV

ROLE OF PANCHAYAT AND MUNICIPALITIES

The Constitution (Seventy-third Amendment) Act 1992 have given a Constitutional status
to the panchayats and the Municipalities respectively. Article 243-B provides or the
establishment of intermediate and district levels. Article 243-G authorises the legislature of State
to endow the Panchayats with such powers and authority as may be necessary to enable them to
function as institution of self-government. The Eleventh Schedule along with other matters
contains following maters which are directly or indirectly related to environment like,
agriculture, soil conservation, water management and watershed development; fisheries; social
forestry and farm forestry; minor forest produce; drinking water; health and sanitation; and
maintainace of community assets. The matters which are related to environment in the twelfth
Schedule may be enumerated as follows:

Urban planning including town planning regulation of land use water supply; public
health, sanitation, conservancy and solid waste management, urban forestry, protection of the
environment and promotion of ecological aspects; provision of urban amenities such as park
grounds ; cremation grounds and electric crematoriums; prevention of cruelty to animals
regulation slaughter houses and tanneries. Thus it is evident that the Constitution imposes the
duty to protect and preserve the environment in all the there tiers of the Government i.e. Central,
state and local.

WRIT JURISDICTION AND PUBLIC INTEREST LITIGATIONS

One of the most innovative parts of the Constitution is that the Writ Jurisdiction is
conferred on the Supreme Court under Article 32 and on all the High Courts under Article 226.
Under these provisions, the courts have the power to issue any direction or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and

20
certiorari, whichever is appropriate. This has paved way for one of the most effective and
dynamic mechanisms for the protection of environment, that is, Public Interest Litigations.

CONCLUSION
Environment protection is part of our cultural values and traditions. In Atharvaveda, it
has been said that “Man’s paradise is on earth; this living world is the beloved place of all; It has
the blessings of nature’s bounties; live in a lovely spirit”. Earth is our paradise and it is our duty
to protect our paradise. The constitution of India embodies the framework of protection and
preservation of nature without which life cannot be enjoyed. The knowledge of constitutional
provisions regarding environment protection is need of the day to bring greater public
participation, environmental awareness, environmental education and sensitize the people to
preserve ecology and environment.

RECOMMENDATIONS
● Connecting human rights and environment is a valuable sourcebook that explores the
uncharted territory that lies between environmental and human rights legislation.
● Human beings can ensure fundamental equality and adequate conditions of life in an
environment that permits a life of dignity and well-being.
● There is an urgent need to formulate laws keeping in mind the fact that those who pollute
or destroy the natural environment are not just committing a crime against nature, but are
violating human rights as well.
● Indeed, health has seemed to be the subject that bridges gaps between the two fields of
environmental protection and human rights.
● The advancement of the relationship between human rights and environment would
enable incorporation of human rights principles within an environmental scope, such as
antidiscrimination standards, the need for social participation and the protection of
vulnerable groups.

21
BIBLIOGRAPHY:
Books:
1. S. Shanthkumar‟s, Introduction to Environmental Law, Second Edition Reprint 2010, Lexis
Nexis, Nagpur, 2010.
2. S. C. Shastri, Environmental Law, Fith Edition, Eastern Book Company.
3. C.P.R. Environmental Education Centre, Environmental Laws of India an Introduction.

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