The Protection of Environment and the Constitution of India

In the past decade, the problem of environment degradation and ecological imbalance has become a world-wide concern. The United Nations first major conference on international environmental issues was held at Stockholm in 1972. It attracted a wide publicity because a wide range of specific environmental issues were discussed for the protection of human environment. Since then India is constantly making its sincere efforts to protect the environment globally. When Indian constitution was enforced on 26th January 1950, there were no direct and specific provisions related to the protection of environment. However,there was an indirect reference regarding the protection of environment under Article 47, which tells about the State obligation regarding raising of the level of nutrition and the standard of living of the people and the improvement of public health. It was the 42nd Constitutional Amendment Act 1976, through which some provisions related to environment were inserted in the Constitution. Article 48(A),related to wildlife, was introduced in the chapter of Directive principles of state policy. The Environment Protection Act 1986, the Wildlife Protection Act 1972 as amended in 1986, the Water Prevention and Control of Pollution Act 1974 and the Air Prevention and Control of Pollution Act 1981 are among the important steps taken under article 48(A). Another important Article 51A(g) was introduced in the chapter of Fundamental duties by 42nd Amendment Act which states that,"it shall be the duty of every citizen of India to protect and improve the natural environment including forests, rivers, lakes, and wildlife and to have compassion for living creatures. Under Article 21, the Right to life is a fundamental right which includes the right of enjoyment of pollution free water and air for full enjoyment of life. And if there is any danger to this right to life, citizens have right to have recourse of Article 32 for removing the pollution and ensuring the healthy life. In addition, there are some other provisions in the constitution such as Article 248, 252 and 253, in view of which environmental laws can be enacted by the Parliament. Keeping above views in mind. Judiciary has been playing constructive role as the protector of the Constitution and the interests of the people. Most of the environment related issues/cases have been decided through public interest litigations.