Question

Write a short note on: Indian Legal Framework for Environmental Protection

Answer 1

Introduction

From Colonial period to the Stockholm Conference[1], no significant endeavor had been made regarding the protection of the environment. This period has exerted more pressure on resources for the development of infrastructure with little or no concern for the environmental. The Stockholm Conference can easily be said to be the landmark in catalyzing India’s attempts to maintain the wholesomeness of the environment. This conference is of particular significance to India as it expressed the policy concern of our country on environmental protection, as a member state, and at the same time, it influenced the process of environmental management in the years to come. Presently, in India, more or less, 200 legislation deal directly or indirectly deal with environment pollution and degradation.

 

Constitutional aspects of environmental law

The supreme law of the land, the Indian Constitution, exhibits a keen interest in conservation of the environment. The Preamble of the Constitution declares that the State is under an obligation to fulfill the basic aim of socialism i.e. to provide a decent standard of living to all, which can be possible in a pollution free environment. Thus to constitute a socialistic pattern of society, the important aspect of environmental protection cannot be overlooked.[2]

Part III of the Indian Constitution deals with fundamental rights. Also, these rights are enforceable in the court of law (Art. 32). In an ample number of cases, the Supreme Court has held that clean environment is essential to bring some value to life. In many judgments, the Supreme Court has held that “right to life is a fundamental right under Article 21, and it includes the right of enjoyment of pollution free water and air for the full enjoyment of life.”[3] It also added that “if anything endangers or impairs that quality of life in derogation of laws, a citizen has a right to have recourse to Article 32 for removing the pollution of water or air, which may be detrimental to the quality of life.”

Part IV of the Indian Constitution i.e. the Directive Principles of State Policy deal with the environment in Article 47. It directs the state to improve the standard of living and general well-being of the public. To fulfill this constitutional goal, it is necessary that the state should provide pollution free environment. These provisions are incorporated in the Constitution of India by the Constitution (42ndAmendment) Act, 1976. Article 48-A, thus added to the Directive Principles states that it is the duty of government to safeguard the environment i.e. the forests and wildlife. The chapter on Fundamental Duties states that it is the duty of every citizen to take care of and safeguard the natural environment.