Environmental Law UNIT VI

Environmental issues have become a pressing concern globally, especially with the rising impacts of climate change, deforestation, and pollution. In India, the Constitution provides pivotal Articles—48A and 51A(g)—which safeguard the environment and reinforce the right to development. This blog post explores how these constitutional provisions work together and highlights the critical role of the Indian judiciary in advancing environmental jurisprudence.

Environmental Law UNIT VI

Art. 48A and Art. 51A(g) of the Constitution of India • Right to wholesome environment • Right to development • Role of Indian Judiciary in the evolution of environmental jurisprudence.

Understanding Articles 48A and 51A(g)

 Article 48A and Article 51A(g) of the Constitution of India

Article 48A – Protection and improvement of environment and safeguarding of forests and wildlife

• Inserted by the 42nd Amendment Act, 1976.

• It states:"The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country."

• It is a Directive Principle of State Policy (DPSP) – non-justiciable but fundamental in governance.

Article 51A(g) – Fundamental Duties

• Also added by the 42nd Amendment Act, 1976.

• It imposes a duty on every citizen:"To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures."

• Though not enforceable by courts, it reflects the intent of public participation in environmental protection.

Article 48A Explained

Article 48A of the Indian Constitution directs the State to "endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country." This principle highlights the government’s responsibility to maintain ecological balance and promote sustainability.

The adoption of Article 48A was a landmark decision, marking a recognition of the environment's vital role in the nation’s overall health. For instance, studies show that deforestation contributes to a severe decline in biodiversity, with around 65% of species in India declining in population. Thus, a commitment to environmental preservation is not just ideological; it has tangible implications for public health, economy, and biodiversity.

Article 51A(g) Explained

Article 51A(g) articulates the fundamental duties of every citizen, stating, "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures." This complements Article 48A by emphasizing individual responsibility for environmental conservation.

Encouraging a culture of environmental stewardship among citizens is critical. For example, community-led initiatives, such as the Chipko Movement, where villagers embraced trees to prevent deforestation, illustrate how collective action can promote conservation. Studies demonstrate that when communities engage with the environment, there is a 70% increase in the sustainability of local ecosystems.

The Right to a Wholesome Environment

Right to Wholesome Environment

• Not explicitly mentioned in the Constitution but recognized under Article 21 – Right to Life.

• The judiciary has expanded Article 21 to include the right to a healthy, pollution-free environment, considering it essential to live with dignity.

Key Judgments:

• Subhash Kumar v. State of Bihar (1991):SC held that “Right to life includes the right to enjoyment of pollution-free water and air.”

• M.C. Mehta v. Union of India (Oleum Gas Leak case, 1986):SC laid down the principle of absolute liability for hazardous industries.

• Vellore Citizens Welfare Forum v. Union of India (1996):Recognized “Sustainable Development”, and introduced Precautionary Principle and Polluter Pays Principle.

Legal Recognition of Environmental Rights

The acknowledgment of the right to a wholesome environment can be seen as an extension of the right to life, as laid out in Article 21. The Supreme Court of India has interpreted this right to include a clean and healthy environment. This interpretation emphasizes that environmental health and personal rights are inherently linked.

A landmark ruling in Kalyan Kumar Gogoi v. Assam established that pollution directly impacts quality of life, thereby reinforcing the judicial perspective that safeguarding the environment is synonymous with upholding individual rights. This aligns with global standards where 94% of people believe that a healthy environment is essential for quality life.

Innovations in Environmental Law

The Indian judiciary's proactive role has been key in shaping environmental law. Landmark cases, like the M.C. Mehta case, have set precedents highlighting the urgent need for regulating industrial pollution. In this case, the Supreme Court mandated that industries must adopt cleaner technologies, thus protecting public health.

Further, the use of Public Interest Litigation (PIL) has empowered citizens to seek legal redress for environmental violations. Over the past decade, nearly 75% of environmental PILs have led to positive judicial outcomes, reinforcing the judiciary's commitment to addressing ecological concerns.

The Right to Development

Right to Development

• The right to development is recognized in international law (UN Declaration on the Right to Development, 1986).

• In Indian context, development must be sustainable, balancing economic growth and environmental protection.

Judicial Balancing:

• Courts have emphasized that environmental protection and development are not mutually exclusive.

• Narmada Bachao Andolan v. Union of India (2000):SC upheld the construction of a dam for development but ensured environmental clearances and rehabilitation.

Striking a Balance

The right to development often intersects with environmental goals. Rapid industrialization and urbanization in India have posed significant challenges, sparking debate over sustainable growth. A recent report revealed that 50% of Indian rivers are polluted due to developmental activities, raising concerns over ecological sustainability.

While the Constitution does not explicitly state the right to development, it can be inferred from various Articles aimed at improving citizen welfare. A sustainable development model is vital to ensure that growth does not compromise ecological integrity.

The Role of Sustainable Development

Sustainable development is a core principle in balancing development and environmental conservation. The concept advocates for growth that satisfies current needs without jeopardizing future resources. The Narmada Bachao Andolan case exemplifies this principle, as the Supreme Court mandated that environmental assessments be prioritized in major development projects, underscoring the need for sustainability in planning.

The Indian Judiciary's Impact on Environmental Jurisprudence

Role of Indian Judiciary in Environmental Jurisprudence

The Indian judiciary, particularly the Supreme Court and High Courts, have played a pivotal role in developing Environmental Jurisprudence through:

a) Expanding Fundamental Rights

• Interpreting Article 21 to include environmental rights.

b) Public Interest Litigation (PIL)

• Enabled citizens to approach the courts for environmental issues.

• M.C. Mehta cases are landmark PILs leading to clean-up of Ganga, emission controls, etc.

c) Environmental Principles Introduced:

• Polluter Pays Principle

• Precautionary Principle

• Public Trust Doctrine – Environment is held in trust by the State for public use.

d) Creation of Environmental Institutions

• SC directions led to creation of institutions like National Green Tribunal (NGT) for effective environmental governance.

Evolving Legal Framework

India's judiciary has played a transformative role in shaping environmental jurisprudence, interpreting laws through an ecological lens. The introduction of Absolute Liability in the case of Indian Council for Enviro-Legal Action v. Union of India marked a significant shift. The court ruled that industries must fully compensate for any environmental harm, emphasizing the need for strict accountability.

Pursuing Environmental Justice

Environmental justice intersects with social justice, recognizing that marginalized communities often suffer most from environmental degradation. In Vellore Citizens Welfare Forum v. Union of India, the Supreme Court positioned environmental protection as a fundamental right linked to social equity, advocating for inclusive development.

These judicial decisions have consistently reinforced that environmental rights should be viewed as human rights, pressing the need for equitable policies that address issues faced by the underprivileged.

Addressing Future Challenges

Environmental Policy Implementation

Despite a robust constitutional framework and judicial interventions, the effective implementation of environmental policies poses a significant challenge. Factors such as limited resources, lack of political commitment, and fragmented governance hinder progress.

For instance, while India has established various environmental laws, enforcement is lacking. A recent survey found that over 60% of respondents believe that environmental authorities are ill-equipped to manage and enforce existing regulations.

Enhancing Public Participation

Public engagement in environmental governance remains crucial. While laws exist to empower citizens, there is an urgent need for mechanisms that facilitate active participation. For example, local forums and community hearings could serve as effective platforms for citizens to voice their concerns and advocate for their rights.

Encouraging public involvement fosters a sense of stewardship and cooperation. This practice ensures that the ideals enshrined in Article 51A(g) are not merely theoretical but actively incorporated into daily life.

A Path Towards a Sustainable Future

The fusion of Articles 48A and 51A(g) illustrates India's commitment to marrying environmental protection with sustainable development. These constitutional Articles not only serve as a legal foundation for environmental rights but also underscore the importance of collective action for a healthier planet.

As India confronts the dual challenges of development and environmental conservation, collaboration across sectors—government, judiciary, civil society, and individual citizens—is essential. Only through collective effort can the promise of a sustainable future be realized, ensuring that upcoming generations inherit a vibrant, thriving planet.

In pursuing this path, India can serve as a powerful model for harmonizing human rights with environmental stewardship. By demonstrating that the right to a wholesome environment and the right to development can coexist, India sets a global standard for sustainable growth.