CONSTITUTIONAL OBLIGATION ON

ENVIRONMENTAL PROTECTION

➢ The constitution of India is the supreme law of the land.

➢ It imposes various obligations upon us, as citizens to protect the
environment.
➢ It also casts duty on the part of the state to protect environment.
➢ Part-III_ Fundamental Rights.
➢ Part-IV- Directive Principles of State Policy(DPSP)
➢ Part-IVA- Fundamental Duties.
PERSONAL OBLIGATION
➢ Article 51A(g):
o “ to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living
creatures;”
STATE OBLIGATIONS
➢ Article- 14: “Right to equality: The State shall not deny to any person
equality before the law or the equal protection of the laws within the
territory of India.”- Prevention of exploitation through environment
pollution by one class of the other class of people.
➢ Article- 21: “No person shall be deprived of his life or personal liberty
except according to procedure established by law.”
o Expanded to take within it's ambit the right to clean and decent
environment.
o Rural Litigation and Entitlement Kendra vs.State of UP- (Dehradun
quarrying Case) Supreme Court Held that the right to wholesome
environment is a part of right to life and personal liberty guaranteed
under Article-21.
o Subhash Kumar Vs.State of Bihar- Right to get pollution free water
and Air is Fundamental Right under Article -21.
o Ratlam Municipality Vs.Vardhichand: SCI held that the pollution free
environment is an integral part of right to life under Article 21.
➢ Article-39. “The State shall, in particular, direct its policy towards
securing—
o (a) that the citizens, men and women equally, have the right to an
adequate means of livelihood;
o (b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common
good;
o ......”
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 ➢ material resources of the community includes the resources in the private
hands also-Not only those which are in the hands of the state.
➢ The definition of state is as given in Article 12 of the Constitution
➢ Article-42. “The State shall make provision for securing just and humane
conditions of work and for maternity relief.”
➢ Article-47: “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
as among its primary duties.......................”
o In Municipal Council,Ratlam Vs.Vardhichand(AIR,1980 SC 1622)
Supreme Court held: “The state will realize that Article 47 makes it
a paramount principle of governance that steps are taken for the
improvement of public health as amongst it's primary duty.”
➢ Article- 48: “The State shall endeavour to organise agriculture and animal
husbandry on modern and scientific lines and shall, in particular, take
steps for preserving and improving the breeds, and prohibiting the
slaughter, of cows and calves and other milch and draught cattle.”
➢ Article- 48A: “The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country.”1
➢ Madras High Court observed in M.K.Janardhanam Vs.District Collector,
Tiruvallur(2003-1-LW.262): “the phrase used (in Articles 48A & 51A) is
protect and improve, which implies that the phrase appears to
contemplate affirmative governmental action to improve the quality of
the environment and not just to preserve the environment in it's
degraded form.”
➢ Article- 49: “It shall be the obligation of the State to protect every
monument or place or object of artistic or historic interest, [declared by
or under law made by Parliament] to be of national importance, from
spoliation, disfigurement, destruction, removal, disposal or export, as the
case may be.
➢ Article- 51: “The State shall endeavour to-
o (a) promote international peace and security;
o (b) maintain just and honourable relations between nations;
o (c) foster respect for international law and treaty obligations in the
dealings of organized peoples with one another; and....”
➢ Article- 37 declares that the DPSP shall be: “..............fundamental in the
governance of the country and it shall be the duty of the State to apply
these principles in making laws.”
o The Supreme Court in M.C.Mehta Vs.UOI [(2002) 4 SCC 356] held
that “ these directive principles individually and collectively impose

1
Inserted by Constitution(42nd Amendment) Act,1976
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 a duty on the state to create conditions to improve the general
health level in the country and improve the natural environment.”
➢ 19. (1) All citizens shall have the right—
o .................
o “(g) to practise any profession, or to carry on any occupation, trade
or business.”
➢ This right is subject to other legal restrictions. This cannot violate the
Fundamental Rights of others. To that extend, it shall have restrictions.
No Rights are absolute. Subject to legal controls, Social responsibilities,
Legal obligations, and Duties.
➢ The Concurrent list-(List-III)
o Item No.17- Prevention of cruelty to animals
o Item No. 17A- Forests
o Item No.17B – Protection of wild animals and birds

DEFINITION OF STATE SHALL INCLUDE

➢ Article-12
➢
International Treaty Obligation and Constitution
➢ Article- 253: “Notwithstanding anything in the foregoing provisions of this
Chapter, Parliament has power to make any law for the whole or any part
of the territory of India for implementing any treaty, agreement or
convention with any other country or countries or any decision made at
any international conference, association or other body.
➢ Acts enacted for the implementation of Stockholm Declaration:-
o Air (Prevention and Control of Pollution) Act, 1981
o Environment (Protection) Act,1986

JUDICIAL AUTHORITY UNDER EQUITABLE JURISDICTION

➢ Article-32
o By Supreme Court of India_orders, directions and Five writs,
whichever may be appropriate, for the enforcement of any of the
rights conferred by Part-III. (against the violation of Fundamental
Rights, which includes protection of environment also, under
Article-21).
o Rural Litigation and Entitlement Kendra Vs.State of UP[(1985) 2 SCC 431]-
closure of lime stone quarries causing large scale pollution-
affecting health and safety of people.

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 o M.C.Mehta Vs.UOI[(1986) 2 SCC 176]-Order for ensuring safety
measures for chemical industry- hazardous and lethal chemicals and
gases.
o M.C.Mehta Vs.UOI[(1987) 4 SCC 463]- Closure of Tanneries polluting
River Ganga.
o M.C.Mehta Vs.UOI[(1988) 1 SCC 471]-Ordered for the shifting of 168
hazardous industries from Delhi.
a. A.P.Pollution Control Board-II Vs.M.V.Nayudu [2000 SOL Case No.673]-
Supreme Court held that: “the right to access to drinking water is
fundamental to life and there is a duty on the State under Article 21
to provide clean drinking water to it's Citizens.”
➢ Article-226-
o By High Courts_orders, directions and Five writs, whichever may be
appropriate, to issue to any person or authority, for the
enforcement of any of the rights conferred by Part-III- and for any
other purpose. (against the violation of Fundamental Rights and
other rights).
CONSTITUTIONAL OBLIGATION ON THE PART OF CITIZENS
➢ Article 51A(g):
o “ to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living
creatures;”
➢ Article 51A(j):
o “to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher levels
of endeavour and achievement;”
o In Vijay Singh Punia Vs.State of Rajasthan[AIR 2004 Raj 1] Rajasthan
High Court held that: “Any person who disturbs the ecological
balance or degrades, pollutes and tinkers with the gifts of the
nature such as air, water, river, sea and other elements of the
nature, he not only violates the Fundamental Right guaranteed
under Article 21 of the Constitution but also breaches the
fundamental duty to protect the environment under Article
51A(g).”- against dying and printing units.
➢ Citizens tend to claim rights, and simultaneously does not observe
obligations and thus violate the rights of others. If everybody violates the
rights of others, who can protect the rights of people? Ultimately
everybody will be sufferers.
➢ Judicial activism is a hope in terms of temporary solutions.
➢ The permanent solution comes from the public awareness and
commitment to protect the environment for self and for the future
generations.
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 ➢ People shall act through their elected representatives- That is the
sustainable solution in a democratic nation.

Advent of Judicial Activism

➢ In a representative suit/ class litigation2, the Union of India pleaded before
U.S.District Court: The suit was filed against the Union Carbide
Corporation to claim compensation on behalf of the Victims of Bhopal gas
leak disaster.
o The UOI tried to justify their choice of forum on the ground that
“Indian Courts have not reached full maturity to protect the interest
of victims suitably an that Indian Law of Torts is in its infancy.”
o The U.S. District Court held that: “to deprive Indian Judiciary of this
opportunity to stand tall before the world and to pass judgment on
behalf of it's own people would be to revive a history of
subservience and subjugation from which India has emerged. India
and it's people can and must vindicate their claims before the
independent and legitimate judiciary.....”
o This observation has triggered the Indian judiciary to develop an
indigenous jurisprudence and to formulate remedies and new
strategies for enforcing the environmental protection within the
legal framework.

2
Union of India Vs. Union Carbide Corporation, ( 1986) 2 Comp LJ 169
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