Article 48A was inserted into the Constitution of India via the 42nd Amendment Act, 1976. It is a Directive Principle of State Policy (DPSP), which means while it is not directly enforceable in a court of law like a Fundamental Right, it is "fundamental in the governance of the country."
The duty cast upon the State is twofold:
Protection and Improvement: The State is mandated to make active efforts to protect the existing environment and take steps to improve its quality where it has been degraded.
Safeguarding Forests and Wildlife: The State must specifically endeavor to safeguard the country’s forest cover and the wildlife inhabiting those forests.
Judicial Significance: The Supreme Court has frequently used Article 48A to interpret Article 21 (Right to Life). In cases like M.C. Mehta v. Union of India, the court ruled that because the State has a duty under 48A, citizens have a corresponding right to a clean environment.
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