The Indian Constitution establishes a distinctive federal system for the country. It is a large piece of law that lays forth the Directive Principles of State Policy that the legislature should keep in mind while enacting legislation in addition to giving shape to the dreams of freedom fighters by emphasizing fundamental rights. The division of topics on which the Union and State governments may pass laws is outlined in detail in Part XI of the Constitution, which deals with legislative relations. This section of the article discusses the various sections of the constitution’s environmental provisions.

Preamble to the Indian Constitution

The Indian Constitution’s Preamble, which begins with “We the People,” lays forth the Constitution’s purposes and objectives. A Sovereign Socialist Secular Democratic Republic is proclaimed for India. It has been declared to be a key to the constitution’s creators’ minds.i Even though the 42nd Amendment later added the words “Secular and Socialist” to the Constitution, the document already had a secular and socialist foundation. The Constitution has several articles that address the socialist and secular structures of the country, with Part IV placing emphasis on the socialist mode of government and Part III defining the secular structure of the nation.

When Part IV of the Indian Constitution is read in connection with the word socialist, it is clear that the Constitution adopted a welfare state with socialism as its primary model. Social welfare is impossible if individuals are made to live in filthy conditions that put their health and life in danger. The phrase “Democratic Republic” emphasizes the idea that the people have a right to participate in the political process and that the government should work for their welfare. This suggests that the government will work to ensure that there is a clean environment that is fit for human habitation in addition to other things.

Right to life and Environment Protection 

The constitutional right to life is protected under Article 21. According to this, no one’s right to life or personal liberty may be taken away from them until legal procedures are followed. According to one interpretation, the phrase “except in accordance with procedures established by law” means that this rule is subject to exception and is governed by legislation, which differs from instance to case.

In addition to the basic essentials of life, such as food, shelter, clean water, and clothing, the right to life also encompasses the right to live in dignity. The right to life includes the ability to live in a decent and safe environment free from danger to one’s life. The surroundings must be free of illnesses.

According to the ruling in Charan Lal Sahu v. Union of India, the state has a responsibility to take reasonable and decisive action to uphold and defend constitutional rights protected by Articles 21, 48-A, and 51-A(g).

Right To Equality and Environmental Protection

Article 14 of the Constitution guarantees everyone equal protection under the law as well as equality before the law. The state cannot violate article 14 since this fundamental right implicitly imposes an obligation on it to act fairly while pursuing environmental protection measures. The judiciary has played a stringent role in prohibiting the arbitrary sanction in cases where state authorities have used their arbitrary powers. The fundamental right to equality of all persons is violated when discretionary powers are used without considering the needs of the general public.

Freedom of Speech and Expression and Environment 

Article 19(1)(a) of Part III of the Constitution specifically mentions the right to free speech and expression as a basic right. As in the case of Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar Pradesh, where people complained about the violation of their right to a clean and safe environment and a right to livelihood, there have been numerous instances where people have approached the court through speech and by expressing themselves in writing.In India, the media has been playing a crucial role in moulding the perception of people in issues relating to the environment. Thus, Article 19(1)(a) is interpreted to include the freedom of the press as well. 

Freedom of Trade and Commerce and Environmental Protection 

According to Article 19 (1)(g) of the Constitution, every Indian citizen has a basic right to practice any profession, business, trade, or commerce at any location in Indian territory. However, as this is not a universal right, there are certain fair limitations. This basic right to avoid environmental hazards is subject to a reasonable restriction as set forth in Article 19(6) of the Constitution. The purpose is to avoid the ecological imbalance and degradation of the atmosphere in the name of carrying on a trade, business, occupation or carrying on any profession. Thus, in the name of business or profession, one cannot cause harm to the environment.

Fundamental Duties of Indian Constitution:

Part IV A of the Constitution of India inserted by Constitution (Forty-second Amendment) Act, 1976 imposes duties upon very citizen of India. Article 51A casts eleven duties upon the citizens of India.iv Article 51A(g) casts the following duty upon the citizens of India To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.

Directive Principles of State Policy

Guidelines for State Policy are outlined in Part IV of the Indian Constitution. They specify the nation’s socioeconomic objectives. Although Directive Principles are not subject to the law, Article 37 declares them to be essential to the nation’s government. There was no explicit clause in Part IV that dealt only with the environment prior to the 42nd Amendment.
The provisions entrenched in Articles 38, 47, and 50 read with Article 37, however, can be used to infer the Indian Constitution’s intention to safeguard the environment.

Legislative powers and matters of  environmental protection

The Indian Constitution recognizes three different lists: concurrent, state, and union. At the state and union levels, the government’s authority is divided. State government handles matters of state list, while central government handles matters of union list. As a result, only the Parliament has the authority to pass legislation regarding list I, which is the list of topics of union. The state list, or list II, deals with issues including public health, drainage, the availability of clean water, and sanitation. It deals with issues pertaining to military, nuclear power, oil field regulation, air traffic, etc.

If a state law is passed after a federal law, in order for it to take effect, it must first receive presidential assent in accordance with Article 254. Parliament has the authority to legislate state matters as well in times of national emergency. To enact laws that can address environmental issues, these legislative authorities must be divided. The state has undertaken several projects to improve the environment, yet they could represent a major threat to the ecology. Development and the conservation of the environment are in conflict in these situations, and the Environment Impact Assessment (EIA) is used to address these issues. Additionally, the planning commission has acknowledged this.

 International Environmental Agreements

India has been a signatory to a myriad of international agreements pertaining to environmental preservation. Because it was agreed upon in the Stockholm Declaration in 1972 that there is only one environment on Earth. India is required to translate these provisions and implement them in the nation as a signatory to such international agreements. This is expressly mentioned in Article 51(c) of the Indian Constitution, which states that the state will promote adherence to treaty obligations and international law.

Article 253 of the Constitution, which gives the Parliament of our nation the power to pass laws that can be applied to the entire or any territory of the country for implementing any agreement or convention signed with the other country or countries, is another crucial provision that deals with protecting the environment.Parliament may also pass laws to carry out decisions made at international conferences. Any provision made in connection with environmental protection in line with Article 253 read with Articles 13 and 14 cannot be contested in court on the grounds that the legislator lacked the authority to make the provision.

With the use of this power, it is pertinent to know that Parliament has enacted Air ( Prevention and Control of Pollution) Act 1981, and Environment Protection Act, 1986.  It has been clearly stated in the Preamble of these acts that the purpose of their enactment was to implement the decisions taken at the United Nations Conference on the Human Environment, held at Stockholm in the year 1972.

In Vellore Citizens’ Welfare Forum v. Union of India AIR 1996 SC 2715 the supreme court ruled that, as long as they are not in conflict with them, municipal rules must take into account international customary law. It is a recognized legal theory. The domestic courts of law so regarded adherence to international law as mandatory.

Role of the Supreme Court in environmental protection 

In lieu of the wide range of cases dealt by supreme court with regard to environmental protection, a plethora of judgements have been passed which have laid down various principles to be taken care of before indulging in any activity which might pose a threat to the environment. Also, different aspects of the environment have been highlighted by giving them immense importance like natural resources. Air and water have been given the status of the gift of nature and inalienable part of life. 

Polluter Pays Principle 

That “if you make a mess, it becomes your duty to clean it up” is the fundamental idea behind this tenet. The polluter pays principle places more focus on the remedial strategy to restore the ecological harm produced by any individual or group of individuals than it does on the ‘fault’. In the OECD Guiding Principles for International Economic Aspects of Environmental Policies, this idea was originally mentioned in 1972.Additionally, same idea was utilized in the Vellore Citizens Welfare Forum v. Union of India case. In M.C Mehta v. Union of India and Ors( Calcutta Tanneries Case), the polluter pays principle was applied where industries were directed to be relocated and these industries were ordered to pay 25% of the cost of the land.

Precautionary Principle

The precautionary principle is outlined in Rio Declaration Principle 15. In light of this. Applying the precautionary principle is crucial for environmental protection. According to this principle, the absence of complete scientific certainty cannot be used as an excuse for failing to issue cost-effective procedures where there is a likelihood of significant harm or irreparable environmental damage.Another judicial decision based on the precautionary principle was made in M.C. Mehta v. Union, often known as the Taj Mahal Case. A public interest lawsuit was filed in this instance, stating that environmental contamination is to blame for the Taj Mahal’s decline. Court referred the case to the expert committee to seek technical advice on the matter. On the basis of the report of the committee. This monument is a monument of international repute. The industries located in the Taj Trapezium Zone(TTZ) were using coke/coal as the industrial fuel, thus emitting effluents.

The doctrine of Public trust 

This doctrine rests on the principle that certain resources which are required for fulfilling the basic amenities of life like air, water etc hold great importance to the people at large that it would be completely unjustified to make these resources available to private ownership. Since these resources are the gift of nature that is why they should be made freely available to every individual of the society irrespective of the status in life. The doctrine obliges the government to protect resources for public use rather than being exploited by a private person for making economic gains. 

Thus, commercial use of natural resources is completely prohibited under this doctrine. For the effective and optimum utilization of resources, this doctrine mandates an affirmative action of the state authorities. Also, citizens are empowered to question the authorities if resource management is ineffective. 

Case Laws:

M.C. Mehta v. Union of India AIR 1997 SC 734 where a petition was filed for preventing the degradation of the Taj Mahal due to pollution caused by coal using industries via Trapezium, the Apex Court issued directions to 292 industries located in Agra to change over within a time schedule to Natural Gas as industrial fuel or stop functioning with coal/coke and to apply for relocation or otherwise stop functioning w.e.f. 30-04-1997 on account of violation of Articles 21, 48A, 51A and 47 of the
Constitution.
M.C. Mehta v. Kamal Nath AIR 2000 SC 1997 it was contended by the petitioner that if a person disturbs the ecological balance and tinkers with the natural conditions of rivers, forests, air and water, which are the gifts of nature, he will be violating the fundamental right guaranteed under Article 21 of the Constitution. Supreme Court accepted the contention of the petitioner and held that any disturbance of basic environment elements namely air, water, soil which are necessary for “life” would be hazardous to “life” within the meaning of Article 21 of the constitution. The court after holding it to be a violation of article 21 proceeded to observe that in these cases polluter pays principle and principle of Public Trust Doctrine applies

Subash Kumar v. State of Bihar AIR 1991 SC 420 it was held that right to live is a fundamental right under Article 21 of the constitution and it includes the right to enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has a right to have recourse to Article 32 of the constitution for removing the pollution of water or air which may be detrimental to the quality of life.

Ratlam Municipality v. Vardhi Chand AIR 1980 SC 1622 supreme court ordered the closure of limestone quarries in Dehra Dun-Mussooorie Area. It realised that the closure of limestone quarries would cause financial hardships but the court observed that it is the price that has to be paid for protecting and safeguarding the right of the people to live in a healthy environment with minimal disturbance of ecological balance, and without avoidable hazard to them and to their cattle, homes and agricultural land and undue affection of air, water and environment.

Conclusion:

The term “environment” was not specifically mentioned in the Constitution in the past, and there were no provisions in place to address environmental hazards and control human behavior that was significantly contributing to the degradation of the environment while purporting to be exercising fundamental rights. The supreme law of the land is the constitution. Therefore, including clauses that particularly address environmental issues might prove advantageous for the environment.