Constitutional Provision for Environmental Protection

The Constitution of India came into force on 26th January, 1950.

Originally, the Constitution of India Contains no specific provisions

for environmental Protection

After Stockholm Declaration 1972

In which the then Prime Minister Smt. Indira Gandhi has
participated,

In 1976, under the leadership of the then Prime Minister, Smt.

Indira Gandhi, the Constitution (42nd) Amendment Act was passed
and the provisions relating to the protection of environment for the
first time were incorporated by adding a new provision Article 48-A
in the Chapter, Directive Principles of State Policy.

Fundamentals Duties were also added for the first time by 42nd
Amendment (51-A(g) Specially made to Protect the Environment.

Article 48 A

Article 48A, inserted by the 42nd Amendment in 1976, states that

the State shall endeavor to protect and improve the environment
-- and to safeguard forests and wildlife.

eduty This provision emphasizes the duty of the State to protect the
environment.

Article 51-A(g)

Acc to the sub-clause (g) Art: 51-A It shall be the duty of every
citizen of India to protect & improve the natural environment
including forest, lakes, rivers wildlife and to have compassion for
living creatures

The above two provisions impose two-fold responsibilities. On the

one hand, it gives directive to the State for protection and
improvement of environment, and on the other hand it casts/
imposes a duty on every citizen to help in the preservation of
natural environment.
 Article 21

Article 21: Environment is closely linked with right to life because

in order to live a healthy life, proper environment free of all kinds of
diseases and infections has to be ensured. In other words, healthy life
is not possible without a healthy and pollution free environment.
Therefore, State has to provide at least minimum conditions ensuring
persons to live with human dignity.

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 is the heart of the fundamental rights and has received

expanded meaning from time to time after the decision of the Supreme
Court in Maneka Gandhi vs. Union of India, (AIR 1978 SC 597).

Art. 21 guarantees a fundamental right to life - a life of dignity to be

lived in a proper environment, free of danger of disease and
infection.

The right to live in a healthy environment as part of Art. 21 of the

Constitution was first recognised in the case of:

Rural Litigation and Entitlement Kendra vs. State of U.P., AIR 1988
SC 2187 (Popularly known as Dehradun Ouarrying Case).

It is the first case of this kind in India, involving issues relating to

environment and ecological balance. The R.L. & E. Kendra and others
in a letter to the Supreme Court complained about the illegal
unauthorised mining in the Mussorie, Dehradun belt.

As a result, the ecology of the surrounding area was adversely affected

and it led environmental disorders.

The Supreme Court treated the letter as writ petition under Art.
32 of the Constitution and directed to stop the excavations (illegal
mining) under the Environment (Protection) Act, 1986.

Though in this case, the Supreme Court did not specifically refer to
Article 48.A and 51(A)(g) which directly relate to protection of
environment, nor did it articulate that specific fundamental right was
infringed, but the Court's whole thrust was that quarrying operations in
the valley were detrimental to the environment and ecology which were
bound to adversely affect the life of persons living there, and hence
violative of Article 21.
-
 In M. C. Mehta vs. Union of India, AIR 1987 SC 1086
(Popularly known as "Oleum Gas Leak Case*) - The Supreme
Court treated the right to live in pollution free environment as a part
of fundamental right to life under Art. 21 of the Constitution.

Further the A.P. High Court in T. Damodar Rao vs. S.O,

Municipal Corporation, Hyderabad, (AIR 1987 A.P. 171) laid down
that right to live in healthy environment was specially declared to be
part of Art. 21 of the Constitution.

In M.C.Mehta v. Union of India (1987) SCC 463) - the Supreme

Court ordered to close all pollution tanneries which pollute
Ganga water.

In M.C.Mehta v. Union of India (1997) 2 SCC 353) (popularly

known as Taj Mahal case) opined that the use of coke/coal by
industries situated within Tai Trapezium Zone (TTZ) were emitting
pollution and causing damage to the Taj Mahal, as also people living
in that area.

In M.C.Mehta v. Union of India (AIR 1988 SC 221) - the Supreme

Court has held that right to live is a fundamental right under Article
21 and it includes the right of enjoyment pollution free water and air
for full enjoyment of life. If anything endangers or impairs that quality
of life in derogation of law, a citizen has right to have recourse to
Article 32 for removing the pollution of water or air which may be
determined of the life.

In Subhash Kumar v. State of Bihar (AIR 1991 SC 420) -

it has been held that Right to pollution free air falls within Article 21.

In M.C.Mehta v. Kamal Nath (AIR 2000 SC 1997) - it has been held

any disturbance of the basic environments, namely, air, water and
soil which are necessary for 'life' would be hazardous to life within
the meaning of Article 21 of the Constitution.

Other Provisions relating to Environment under constitution

Article 47

Art. 47 provides 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 as among its primary duties.

The improvement of public health also includes the protection and

improvement of environment without which public health cannot be
assured.
 Article 49

Article 49: It deals with protection of monuments and places and

objects of national importance.

Art. 49 require the State to protect every monument or place or

obiect 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.

This can be assured by protecting and improving the environment

•In M.C.Mehta v. Union of India and Others (Taj Mahal

Pollution Case) [(1997) 2 SCC 3531,

the petitioner filed a writ petition under Article 32 of Constitution of

India requesting the Supreme Court to issue orders to prevent air
pollution on the Taj Mahal, a cultural heritage.

The Supreme Court gave orders to all the industries that they
should use gas instead of coal and those which do not use gas
should close their units.

All emporia and shops functionally within the Taj premises have
been directed to be closed.

Agra bypass road shall be constructed to divert the traffic which

passes through the city.

Industries should be shifted and they should be given incentives.

The Supreme Court gave the direction to the Government of India
to issue the declaration of Agra as heritage city within two months.

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