Constitutional provisions related to Environment and its Protection

The protection and improvement of environment is a constitutional mandate. It is a commitment for a country wedded to the ideas of a welfare State. The Indian Constitution contains specific provisions for environment protection under the chapters of Directive Principles of State Policy and Fundamental Duties. The absence of a specific provision in the Constitution recognizing the fundamental right to clean and wholesome environment has been set off by Judicial Activism in the recent times.

Articles 48-A and 51-A. Clause (g)

Initially, the Constitution of India had no direct provision for environmental protection. Global consciousness for the protection of environment in the seventies, Stockholm Conference and increasing awareness of the environmental crisis prompted the Indian Government to enact 42nd Amendment to the Constitution in 1976. The Constitution was amended to introduce direct provisions for protection of environment. This 42nd Amendment added ARTICLE 48-A to the Directive Principles of State Policy.

Article49-A

The Article states: “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.” The said amendment imposed a responsibility on every citizen in the form of Fundamental Duty.

Article 51-A, Clause (g)

Article 51-A (g) which deals with Fundamental Duties of the citizens states: “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.” Thus, protection and improvement of natural environment is the duty of the State (Article 48-A) and every citizen (Article 51- A (g)).

Article 253

Article 253 states that ‘Parliament has power to make any law for the whole or any part of the country for implementing any treaty, agreement or convention with any other country. In simple words this Article suggests that in the wake of Stockholm Conference of 1972, Parliament has the power to legislate on all matters linked to the preservation of natural environment. Parliament’s use of Article 253 to enact Air Act and Environment Act confirms this view. These Acts were enacted to implement the decisions reached at Stockholm Conference.

Article 19(1)(g) : Khoday Distilleries Ltd vs State of Karnataka on 19 October, 1994

Article 19(1)(g) read with Article 19(6) spells out a fundamental right of the citizens to practise any profession or to carry on any occupation, trade or business so long as it is not prohibited or is within the framework of the regulation, if any, if such Prohibition or regulation has been imposed by the State by enacting a law in the interests of the general public. It cannot be disputed that certain professions, occupations, trades or businesses which are not in the interests of the general public may be completely prohibited while others may be permitted with reasonable restrictions on them. For the same purpose, viz., to subserve the interests of general public, the reasonable restrictions on the carrying on of any profession, occupation, trade, etc., may provide that such trade, business etc., may be carried on exclusively by the State or by a Corporation owned or controlled by it. The right conferred upon the citizens under Article 19(1)(g) is thus subject to the complete or partial prohibition or to regulation, by the State. However, under the provisions of Article 19(6) the prohibition, partial or complete, or the regulation, has to be in the interests of the general public.

Apart from the restrictions placed on the right under Article 301, by the provisions of Articles 19(6), 47, 302 and 303, the provisions of Article 304 also place such restrictions on the said right. So do the provisions of Article 305, so far as they protect existing laws and laws creating State monopolies. The provisions of the aforesaid articles, so far as they are relevant for our purpose, read together, therefore, make the position clear that the right conferred by Article19(1)(g) is not absolute. It is subject to restrictions imposed by the other provisions of the Constitution. Those provisions are contained in Articles 19(6), 47, 302, 303, 304 and 305.

Article 21

Article 21 of the constitution of India provides for the right to life and personal Liberty. It states that “no person shall be deprived of his life or personal liberty except according to Procedure Established by Law.”In Rural Litigation and Entitlement.

Kendra v State of UP, also known as the Dehradun quarrying case, The Supreme Court of India has held that pollution caused by quarries adversely affects the Health and safety of people and hence, the same should be stopped as being violative of Article 21.In this case, the Supreme Court for the first time held that the right to wholesome environment is a part of right to life and personal liberty guaranteed under Article 21 of the Constitution.

Further, in the case of Subhash Kumar v State of Bihar, again the apex court held that the right to get pollution free water and air is a fundamental right under Article 21. Following this decision, the right to pollution free environment was incorporated under the head of right to life and all the law courts within the Indian territory were bound to follow the same. This laid down the foundation of environmental litigation in India.

Similarly, public health and ECOLOGY were held to be the priorities under Article 21 and the constitution of a green bench was also ordered by the Supreme Court. In the case of Ratlam Muncipality v Vardicharan, where the problem of pollution was due to private polluters and haphazard town planning, it was held by the Supreme Court that pollution free environment is an integral part of right to life under Article 21.,

The Constitution of India has several provisions that relate to the environment and its protection. These provisions are found in the Directive Principles of State Policy, the Fundamental Duties, and the laws enacted by the Parliament.

Article 48A of the Constitution states that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. This provision is based on the principle of Sustainable Development, which means that development should take place in a way that does not harm the environment.

Article 51A(g) of the Constitution states that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. This provision is based on the principle of environmental ethics, which means that we have a moral obligation to protect the environment.

The Environment (Protection) Act, 1986 is a major law that was enacted to protect the environment in India. The Act provides for the establishment of the Central Pollution Control Board and the State Pollution Control Boards. These Boards are responsible for monitoring and controlling pollution in the country.

The Water (Prevention and Control of Pollution) Act, 1974 is a law that was enacted to prevent and control Water Pollution in India. The Act provides for the establishment of the Central Water Pollution Control Board and the State Water Pollution Control Boards. These Boards are responsible for monitoring and controlling water pollution in the country.

The Air (prevention and control of pollution) Act, 1981 is a law that was enacted to prevent and control Air Pollution in India. The Act provides for the establishment of the Central Air Pollution Control Board and the State Air Pollution Control Boards. These Boards are responsible for monitoring and controlling air pollution in the country.

The Forest (Conservation) Act, 1980 is a law that was enacted to conserve forests in India. The Act prohibits the felling of trees without permission from the government. It also provides for the establishment of the National Forest Policy.

The Wildlife (Protection) Act, 1972 is a law that was enacted to protect wildlife in India. The Act prohibits the hunting of wild animals without permission from the government. It also provides for the establishment of the National Wildlife Action Plan.

The National Green Tribunal Act, 2010 is a law that was enacted to establish a National Green Tribunal for the speedy disposal of cases relating to environmental protection. The Tribunal has jurisdiction to hear cases relating to air pollution, water pollution, Noise Pollution, hazardous Waste Management, and other environmental matters.

The Biological Diversity Act, 2002 is a law that was enacted to conserve biological diversity in India. The Act provides for the establishment of the National Biodiversity-2/”>Biodiversity Authority and the State Biodiversity Boards. These Bodies are responsible for implementing the Act.

The Forest Rights Act, 2006 is a law that was enacted to confer forest rights on forest dwelling communities in India. The Act provides for the recognition and vesting of forest rights in forest dwelling communities.

The Climate Change Act, 2008 is a law that was enacted to address the issue of Climate Change in India. The Act provides for the establishment of the National Action Plan on Climate Change. The Plan aims to reduce greenhouse gas emissions in India.

The Constitution of India and the laws enacted by the Parliament provide a strong framework for the protection of the environment in India. These laws have helped to improve the quality of the environment in the country. However, there is still a lot of work that needs to be done to protect the environment. We need to continue to strengthen the laws and to implement them effectively. We also need to raise awareness about the importance of environmental protection.

Here are some frequently asked questions and short answers about the constitutional provisions related to environment and its protection:

What are the constitutional provisions related to environment and its protection?

The Constitution of India does not have a specific chapter on environment. However, there are a number of provisions in the Constitution that can be interpreted as relating to environment and its protection. These include the following:

Article 48A, which states that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
Article 51A(g), which states that it is 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.
Article 21, which guarantees the right to life and personal liberty. This right has been interpreted by the Supreme Court to include the right to a healthy environment.
Article 254(2), which provides that if there is any conflict between a law made by Parliament and a law made by a State Legislature with respect to any matter in the Concurrent List, the law made by Parliament shall prevail. This means that the Parliament has the power to make laws on environmental protection that override any laws made by the State Legislatures.
What are the main challenges to environmental protection in India?

The main challenges to environmental protection in India include the following:

Rapid Population Growth, which is putting a strain on natural Resources and leading to deforestation, pollution, and other environmental problems.
Industrialization, which is also leading to pollution and Environmental Degradation.
POVERTY, which makes it difficult for people to afford to protect the environment.
Lack of awareness about the importance of environmental protection.
Corruption, which can lead to the neglect of environmental laws and regulations.
What are some of the initiatives that have been taken by the government of India to protect the environment?

The government of India has taken a number of initiatives to protect the environment, including the following:

The Forest conservation Act, 1980, which prohibits the diversion of forest land for non-forest purposes without the permission of the Central Government.
The Air (Prevention and Control of Pollution) Act, 1981, which regulates air pollution.
The Water (Prevention and Control of Pollution) Act, 1974, which regulates water pollution.
The Environment Protection Act, 1986, which provides for a comprehensive approach to environmental protection.
The National Green Tribunal Act, 2010, which provides for a specialized tribunal to deal with environmental matters.
What are some of the challenges faced by the government of India in implementing these initiatives?

The government of India faces a number of challenges in implementing its environmental initiatives, including the following:

Lack of resources, which makes it difficult to enforce environmental laws and regulations.
Lack of coordination between different government departments, which can lead to delays and inefficiencies in implementing environmental initiatives.
Lack of public awareness about the importance of environmental protection, which can make it difficult to get people to cooperate with environmental initiatives.
Corruption, which can lead to the neglect of environmental laws and regulations.
What are some of the ways in which the public can help to protect the environment?

The public can help to protect the environment in a number of ways, including the following:

Reducing their consumption of resources, such as water and energy.
Recycling and reusing materials.
Using public transportation or carpooling instead of driving.
Planting trees and other Plants.
Supporting environmental organizations.
Contacting their elected representatives to demand action on environmental issues.

The Constitution of India does not have any specific provision for the protection of environment.
The Constitution of India has a specific provision for the protection of environment.
The Constitution of India has a specific provision for the protection of environment, but it is not very effective.
The Constitution of India has a specific provision for the protection of environment, and it is very effective.
The right to a healthy environment is a fundamental right under the Constitution of India.
The right to a healthy environment is not a fundamental right under the Constitution of India.
The right to a healthy environment is a fundamental right under the Constitution of India, but it is not very well-defined.
The right to a healthy environment is a fundamental right under the Constitution of India, and it is very well-defined.
The National Green Tribunal is a statutory body established by the Government of India to deal with environmental matters.
The National Green Tribunal is not a statutory body established by the Government of India to deal with environmental matters.
The National Green Tribunal is a statutory body established by the Government of India to deal with environmental matters, but it is not very effective.
The National Green Tribunal is a statutory body established by the Government of India to deal with environmental matters, and it is very effective.
The Environment Protection Act, 1986 is a law enacted by the Parliament of India to protect and improve the environment.
The Environment Protection Act, 1986 is not a law enacted by the Parliament of India to protect and improve the environment.
The Environment Protection Act, 1986 is a law enacted by the Parliament of India to protect and improve the environment, but it is not very effective.
The Environment Protection Act, 1986 is a law enacted by the Parliament of India to protect and improve the environment, and it is very effective.
The Forest Conservation Act, 1980 is a law enacted by the Parliament of India to conserve and protect forests.
The Forest Conservation Act, 1980 is not a law enacted by the Parliament of India to conserve and protect forests.
The Forest Conservation Act, 1980 is a law enacted by the Parliament of India to conserve and protect forests, but it is not very effective.
The Forest Conservation Act, 1980 is a law enacted by the Parliament of India to conserve and protect forests, and it is very effective.
The Wildlife Protection Act, 1972 is a law enacted by the Parliament of India to protect wildlife.
The Wildlife Protection Act, 1972 is not a law enacted by the Parliament of India to protect wildlife.
The Wildlife Protection Act, 1972 is a law enacted by the Parliament of India to protect wildlife, but it is not very effective.
The Wildlife Protection Act, 1972 is a law enacted by the Parliament of India to protect wildlife, and it is very effective.
The Air (Prevention and Control of Pollution) Act, 1981 is a law enacted by the Parliament of India to prevent and control air pollution.
The Air (Prevention and Control of Pollution) Act, 1981 is not a law enacted by the Parliament of India to prevent and control air pollution.
The Air (Prevention and Control of Pollution) Act, 1981 is a law enacted by the Parliament of India to prevent and control air pollution, but it is not very effective.
The Air (Prevention and Control of Pollution) Act, 1981 is a law enacted by the Parliament of India to prevent and control air pollution, and it is very effective.
The Water (Prevention and Control of Pollution) Act, 1974 is a law enacted by the Parliament of India to prevent and control water pollution.
The Water (Prevention and Control of Pollution) Act, 1974 is not a law enacted by the Parliament of India to prevent and control water pollution.
The Water (Prevention and Control of Pollution) Act, 1974 is a law enacted by the Parliament of India to prevent and control water pollution, but it is not very effective.
The Water (Prevention and Control of Pollution) Act, 1974 is a law enacted by the Parliament of India to prevent and control water pollution, and it is very effective.
The Noise Pollution (Regulation and Control) Act, 2000 is a law enacted by the Parliament of India to regulate and control noise pollution.
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