Constitutional Provisions for Protection of Environment

The Indian Constitution is one of the few in the world that contains specific provisions for environmental protection. Originally, the Constitution did not have direct mentions of the environment; however, the 42nd Amendment Act of 1976 introduced landmark changes, establishing a constitutional mandate for conservation.

The provisions are categorized into three main areas: Directive Principles of State Policy, Fundamental Duties, and Fundamental Rights (through judicial interpretation).

1. Directive Principles of State Policy (DPSP)

The DPSP serves as a guide for the State in law-making and governance. The 42nd Amendment inserted Article 48A, which imposes a direct responsibility on the State.

• Article 48A: "The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country."

• Significance: This article provides the constitutional basis for various environmental legislations passed by the Parliament, such as the Environment (Protection) Act, 1986.

2. Fundamental Duties

The same 42nd Amendment introduced Part IV-A, which lists the Fundamental Duties of citizens.

• Article 51A(g): It states that it shall be the duty of every citizen of India "to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures."

• Significance: This shifts the responsibility from being solely on the State to the individual level, emphasizing that environmental conservation is a collective civic obligation.

3. Fundamental Rights (The Judicial Expansion)

While the environment is not explicitly mentioned in the Part III (Fundamental Rights) of the Constitution, the Judiciary has expanded the scope of Article 21 to include environmental protection.

• Article 21 (Right to Life): The Supreme Court, in cases like Subhash Kumar v. State of Bihar (1991) and M.C. Mehta v. Union of India, held that the "Right to Life" includes the right to a wholesome and pollution-free environment.

• Article 19(1)(g): While citizens have the right to carry on any trade or business, the courts have ruled that this right is subject to "reasonable restrictions" in the interest of environmental protection.

4. Legislative Powers (Seventh Schedule)

The Constitution distributes the power to make laws between the Union and the States. Environmental subjects are found in the three lists of the Seventh Schedule:

List	Subjects
Union List	Regulation of mines and mineral development, inter-state rivers.
State List	Public health, sanitation, agriculture, and water.
Concurrent List	Forests, protection of wild animals and birds (moved from State List via the 42nd Amendment).

5. International Agreements (Article 253)

Article 253 gives the Parliament the power to make laws for the whole or any part of the territory of India for implementing any treaty, agreement, or convention with any other country.

• Application: This is the provision under which the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 were enacted, following the decisions made at the United Nations Conference on the Human Environment held at Stockholm in 1972.

6. Writ Jurisdiction

Under Article 32 (Supreme Court) and Article 226 (High Courts), citizens can file Public Interest Litigations (PILs) for the enforcement of environmental rights. This has led to "judicial activism," where the courts issue directions to the government to clean up rivers, shut down polluting industries, or implement green policies.