Discuss the fundamental rights provisions pertaining to environment in the Indian Constitution

The Indian Constitution does not explicitly mention the environment as a fundamental right, but it does address environmental concerns through several provisions that have evolved to safeguard environmental rights.

Key Constitutional Provisions Related to Environment:

1. Directive Principles of State Policy (Part IV)

• Article 48A: Directs the State to protect and improve the environment and to safeguard forests and wildlife.
• Article 51A(g): Imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.

1. Fundamental Rights (Part III)

• Article 21: Guarantees the right to life and personal liberty. The Supreme Court of India has interpreted this right to include the right to a healthy environment. In landmark cases, such as Subhash Kumar v. State of Bihar (1991) and Vellore Citizens’ Welfare Forum v. Union of India (1996), the Court has held that the right to a clean environment is an integral part of the right to life under Article 21.

1. Public Interest Litigation (PIL)

• The judiciary has played a crucial role in enforcing environmental rights through Public Interest Litigation. The Supreme Court and High Courts have taken suo motu cognizance of environmental issues and have passed various orders to ensure the protection and preservation of the environment.

1. Legislative Measures

• The Indian Parliament has enacted various environmental laws, such as the Environment Protection Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, to address environmental concerns and ensure compliance with constitutional directives.

Evolution and Interpretation

• The interpretation of fundamental rights to include environmental protection has been significantly influenced by judicial activism. The Indian judiciary has expanded the scope of fundamental rights to encompass environmental concerns, effectively integrating them into the broader framework of human rights.

Summary

While the Indian Constitution does not explicitly guarantee a fundamental right to a clean and healthy environment, various provisions, particularly through judicial interpretations, have established the protection of the environment as a critical component of the right to life and personal liberty. The Directive Principles and Fundamental Duties further reinforce the commitment to environmental protection.