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Constitutional Provisions Relating to Environmental Protection | Naveen Talawar | TLCJKXC7W5AA

Constitutional Provisions Relating to Environmental Protection

Written by Naveen Talawar

ABSTRACT

India’s constitution is not a static text; it is a living document that changes and evolves with time. The constitution’s special provisions on environmental protection are also a product of the fundamental law of the land’s dynamic nature and potential for growth.

In the Indian context, environmental protection has not only been elevated to the status of a fundamental law of the land but it has also been woven with a human rights approach and is now considered a well-established fact that it is every individual’s basic human right to live in a pollution-free environment with complete human dignity. The preamble to our constitution ensures a socialist pattern of society and individual dignity. This entails a decent standard of living and a pollution-free environment.

The fundamental duties clearly state that all citizens have a responsibility to protect the environment. The Directive principles are also geared toward achieving the goals of establishing a welfare state. One of the most important aspects of a welfare state is a healthy environment. Article 47 indicates that raising the quality of nutrition and standard of life of its citizens, as well as improving public health, which includes environmental protection and improvement, are among the state’s primary responsibilities.

According to Article 48-A of the constitution, the state must work to maintain and improve the environment, as well as the country’s forests and animals. Part III protects fundamental rights that are necessary for a person’s growth. A citizen cannot engage in business if it poses a health risk to society or the wider public. This article discusses the environmental protection provisions of the Constitution.

Introduction :

The Indian Constitution, as the supreme legislation, symbolizes a deeper national commitment to the preservation and protection of a clean and healthy environment. It protects the right to life as well as the right to personal liberty.[1] They are strengthened even more by numerous Indian judicial decisions.[2] The Indian Constitution has set a duty on both the State and citizens to safeguard and preserve the natural environment in order to attain the above-mentioned goal.[3] These provisions are at the heart of our constitutional duty, highlighting the national consensus on the significance of environmental conservation and improvement in order to establish the foundation for environmental jurisprudence……………………………………….. To Read Full Paper Click on the download button below.


[1] Pooja P. Vardhan, Environment Protection under Constitutional Framework of India, PIB, (4 June-2014.,12:25 PM). https://pib.gov.in/

[2] Parmanand Katara v. Union of India. AIR 1989 SC 2039, Kharak Singh v. State of U.P. AIR 1963 SC 1295; Pashchim Bang Khet Mazdoor Samiti v. State of West Bengal AIR 1996 SC 2426; Consumer Education and Research Centre v. Union of India (1995) 3 SCC 42; Kirloskar Brothers v. Employees State Insurance Corporation (1996) 2 SCC 682; State of Punjab v. Mohinder Singh Chawla AIR 1997 SC 1225; N.D. Jayal v. Union of India, (2004) 9 SCC 362.

[3] INDIA CONST. art 48-A and 51(A)(g).

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