Introduction:-
The Indian Constitution is among the few Constitutions in the world which contains specific and express provisions for environmental protection. Though the word environment was not originally prominent in Part III, the judiciary has expanded the scope of Article 21 to include the right to pollution free environment as a fundamental right.
Environmental protection under the Indian Constitution operates at three levels:
1. As a Fundamental Right under Article 21
2. As a Directive Principle of State Policy under Article 48A
3. As a Fundamental Duty of citizens under Article 51A(g)
This article discusses the scope and extent of environmental protection under the Indian Constitution with the help of important judicial decisions.
Article 21 – Right to Life and Pollution Free Environment:-
Article 21 of the Constitution of India guarantees the right to life and personal liberty. The Supreme Court has consistently held that the word life does not mean mere animal existence, but a life of dignity, health, and well-being.
Judicial Interpretation of Article 21
In Kharak Singh v. State of Uttar Pradesh (AIR 1963 SC 1295), the Supreme Court observed that the right to life means living with dignity, not merely breathing. This interpretation laid the foundation for including environmental protection within Article 21.
Thus, pollution free environment is now considered an essential component of the right to life.
Right to Pollution Free Environment as a Fundamental Right-
Although the Constitution does not expressly mention “pollution free environment” in Article 21, courts have judicially recognized it as a fundamental right.
Important Case Laws:-
1. Law Society of India v. Fertilizers and Chemicals, Travancore
(AIR 1994 Kerala 308)
The Kerala High Court held that a pollution free environment is an indispensable part of the right to life, as it directly affects human health.
2. L.K. Koolwal v. State of Rajasthan
(AIR 1988 Raj 2)
The Rajasthan High Court ruled that cleanliness, health, and pollution control are mandatory under Article 21.
3. M.C. Mehta v. Kamal Nath
(AIR 2000 SC 1997)
The Supreme Court held that pollution of air, water, or soil is hazardous to health and amounts to violation of Article 21. Compensation can be awarded to affected persons under the polluter pays principle.
4. Noise Pollution Cases
•Free Legal Aid Cell v. NCT of Delhi (AIR 2001 Delhi 455)
Restrictions on noise pollution were held valid under Article 21.
•Syd Maksood Ali v. State of M.P. (AIR 2001 MP 220)
Use of loudspeakers causing disturbance was restricted.
•Church of God (Full Gospel) v. K.R. Majestic Colony Welfare Association
(AIR 2000 SC 2773)
The Supreme Court held that religious freedom cannot override the right to peaceful living.
5. Vehicular Pollution – Delhi Case
In M.C. Mehta v. Union of India (AIR 2001 SC 1948), the Supreme Court ordered the introduction of CNG vehicles in Delhi to control air pollution, recognizing the right to clean air under Article 21.
6. Right to Clean Air and Water
In Raj Mineral v. State of Gujarat (AIR 2012 NOC 179), the Gujarat High Court held that the right to life includes enjoyment of pollution free air and water.
Directive Principles – Duty of State under Article 48A:-
Article 48A of the Constitution
Article 48A, inserted by the 42nd Constitutional Amendment, provides:
“The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
Duties Imposed on the State
Article 48A imposes two duties:
1. Protection and improvement of the environment
2. Safeguarding forests and wildlife.
Though Directive Principles are not enforceable, courts increasingly rely on them to interpret Fundamental Rights.
Relevant Case Laws-
•T. Damodar Rao v. Municipal Corporation, Hyderabad
(AIR 1987 AP 171)
The court held that environmental protection is the responsibility of the government.
•Indian Council for Enviro-Legal Action v. Union of India
(AIR 1996 SC 1446)
The Supreme Court stressed the need for effective government action for environmental protection.
Fundamental Duty of Citizens – Article 51A(g):-
Article 51A(g)
Article 51A(g) makes it the fundamental duty of every citizen:
“To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”
Scope of Article 51A(g)
It imposes three duties on citizens:-
1. Protection of the environment
2. Improvement of natural resources
3. Compassion towards living beings.
Judicial Recognition
•Kinkri Devi v. State of Himachal Pradesh
(AIR 1988 HP 4)
The High Court held that environmental protection is a duty of every person, even if it requires closure of mines.
•M.C. Mehta v. Union of India
(1988) 1 SCC 47
The Supreme Court directed that environmental education be made compulsory in educational institutions.
Sacchidanand Pandey Case – Bridging DPSP and Fundamental Rights
In Sachidanand Pandey v. State of West Bengal (AIR 1987 SC 1109), the Supreme Court held that courts should not ignore Directive Principles while enforcing Fundamental Rights, especially in environmental matters.
This case firmly established that environmental protection is a constitutional priority.
Conclusion:-
From the above discussion, it is clear that the right to pollution free environment is now a well-established fundamental right under Article 21. Along with this:
1. Article 48A imposes a constitutional duty on the State.
2. Article 51A(g) imposes a fundamental duty on citizens.
Environmental protection under the Indian Constitution is therefore a shared responsibility of the State, citizens, and judiciary. In modern constitutional jurisprudence, right to life is meaningless without a clean and healthy environment.
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