Article 21 and Environment protection | Constitution of India

Q. "Environment protection structure is the result of extended interpretation of Article 21." Discuss. [20 marks - 2022]


Article 21 and Environment protection

Article 21 of the Constitution of India grants right to life and personal liberty to every citizen of the country. This includes: 
  • A decent standard of living
  • A pollution-free environment
  • The right to live with dignity
  • The right to a good environment
  • The right to livelihood
Article 21 further states that no person shall be deprived of their life or personal liberty except according to procedures established by law. The right to a clean and healthy environment is a fundamental right under Article 21. The right to a pollution-free environment is inherent in the right to life. 
The Supreme Court of India has held that pollution caused by polluting industries adversely affects the health and safety of people and should be closed down or moved out as being violative of Article 21. 

If there is any move that endangers or impairs the quality of life in derogation of laws, an action is maintainable by the affected person or persons or an interest group by way of public interest litigation under Articles 226 or 32


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