Omar Bennett
The constitutions of six states – Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island – have explicit provisions for environmental rights. Several other states' constitutions have language about protecting the environment, but without creating any rights. In India, the constitution imposes a duty on individuals to protect the environment to provide every human with a clean environment and a life with dignity and harmony. This is a relatively new development, with environmental lawmaking at the national level of government becoming important only in the 1970s.
| Characteristics | Values |
|---|---|
| India's constitution | One of the most amended constitutions so far |
| Corresponds with human rights | |
| Imposes a duty on individuals to protect the environment | |
| Provides fundamental rights which are essential for the development of an individual | |
| Defines public nuisance | |
| Provides penal provisions for those who violate the provisions | |
| Six US states | Have provisions with explicit environmental rights |
| Hawaii | |
| Illinois | |
| Massachusetts | |
| Montana | |
| Pennsylvania | |
| Rhode Island | |
| US state constitutions | Have language about protecting the environment |
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What You'll Learn
Environmental lawmaking at the national level of government
In the Indian Constitution, the status of environmental protection has been raised to the level of a fundamental law of the land. It is now considered a basic human right for every citizen of India to have a clean environment and a life with dignity and harmony. The Indian Penal Code of 1860 defined what is considered a public nuisance, and the abatement of such nuisances is a subject of the code.
In the US, the constitutions of six states have explicit provisions for environmental rights: Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. Several other states' constitutions have language about protecting the environment, but without creating any clear rights. Most of these provisions were enacted in the early 1970s, a period of great environmental lawmaking.
Overall, while there may be variations in the specifics of environmental lawmaking at the national level across different countries, it is clear that the protection of the environment is a fundamental duty of citizens and governments alike.
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Environmental rights in state constitutions
In the United States, the constitutions of six states have provisions with explicit environmental rights: Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island. Several other states' constitutions have language about protecting the environment, but without clearly creating any rights. Most of these provisions were enacted in the early 1970s, a period of strong environmental lawmaking.
In India, the Constitution has grown and evolved over the years and is said to be one of the most amended constitutions so far. The status of environmental protection has been raised to the fundamental law of the land and is now considered a basic human right for every citizen. The fundamental duties enshrined in the Constitution impose a duty on individuals to protect the environment in order to provide every human with a clean environment and a life with dignity and harmony. This is further supported by Article 48-A of the Constitution, which states that the state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
The protection of the environment is a fundamental duty of every citizen, and it is natural that individuals should develop a habitual love for the environment and take personal responsibility for its preservation. This duty is shared between the state and central governments.
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The fundamental duties enshrined in the Indian Constitution
The Indian Constitution is unique in that it not only guarantees a set of fundamental rights to its citizens but also imposes certain duties and responsibilities upon them. The fundamental duties enshrined in the Indian Constitution are a set of guiding principles that remind individuals of their responsibilities towards the nation. These duties include:
- Respecting the Constitution
- Upholding the unity and sovereignty of India
- Fostering harmony among all citizens
- Protecting the environment
- Promoting scientific temper and humanism
- Striving for excellence in personal and collective endeavours
The fundamental duties are not justiciable, meaning they are not legally enforceable by the courts. However, they play a significant role in fostering a sense of responsibility, patriotism, and social cohesion among citizens. They promote civic consciousness and remind citizens of their obligations to uphold the values enshrined in the Constitution.
The inclusion of environmental protection as a fundamental duty in the Indian Constitution reflects the government's awareness of a problem of worldwide concern. It is also in line with the evolution of environmental lawmaking at the national level, which has become increasingly important since the 1970s. While the Indian Constitution specifically mentions this duty, the constitutions of six states in the US also have provisions with explicit environmental rights.
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The evolution of the Indian Constitution
The Indian Constitution has grown and evolved over the years and is said to be one of the most amended constitutions so far. In the Indian context, the status of environmental protection has not only been raised to the fundamental law of the land but has also been linked to human rights. It is now accepted as a well-established fact that it is the basic human right of every citizen of India to live in a clean environment with dignity and harmony.
Article 48-A of the Indian Constitution states that the state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Part III of the Constitution guarantees fundamental rights which are essential for the development of an individual.
The Indian Constitution also imposes a duty on individuals to protect the environment. This is a reflection of the government's awareness of a problem of worldwide concern. Since the protection of the environment is now a fundamental duty of every citizen, it is natural that every individual should do it as a personal obligation, merely by regulating the mode of their natural life.
While environmental lawmaking at the national level of government became important only in the 1970s, its beginnings reach back well into the nineteenth century, if not farther. This history, especially the strong federal presence of recent years, makes apparent the significant constitutional authority of the central government in regard to the environment.
In conclusion, the Indian Constitution has evolved to include strong provisions for the protection of the environment, recognising it as a fundamental right of citizens and imposing a duty on individuals to protect it.
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The history of legislative in India
The Indian Constitution imposes a duty on individuals to protect the environment in order to provide every human with a clean environment and a life with dignity and harmony. This is considered a fundamental human right of every citizen of India.
The history of legislation in India started with the Indian Penal Code, 1860. Section 268 of the Code defined what is considered a public nuisance, and the abatement of public nuisance is a subject of Sections 133 to 144 of the Indian Penal Code. These are only prohibitive provisions, meaning that a person guilty of violating any of the provisions is liable to prosecution and punishment. Sections 269 to 278 of the Indian Penal Code are penal provisions.
The Indian Constitution has grown and evolved over the years and is said to be one of the most amended constitutions so far. The status of environmental protection has not only been raised to the fundamental law of the land but has also been corresponded with human rights. It is now a well-established fact that it is a basic human right for every citizen of India to live in a clean environment.
The Indian Constitution imposes a fundamental duty on every citizen to help in the preservation of the natural environment. This is a testament to the government's awareness of a problem of worldwide concern. Since the protection of the environment is now a fundamental duty of every citizen, it is natural that every individual should do it as a personal obligation, merely by regulating the mode of their natural life.
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Frequently asked questions
In some countries, yes. In India, the constitution states that it is the fundamental duty of every citizen to protect the environment. In the US, six states have constitutions with explicit environmental rights: Hawaii, Illinois, Massachusetts, Montana, Pennsylvania, and Rhode Island.
Article 48-A of the Indian constitution states that the state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
Environmental lawmaking at the national level of government in the US only became important in the 1970s, but the beginnings reach back well into the nineteenth century. The federal government has significant constitutional authority in regard to the environment.
In 2013, the Pennsylvania Supreme Court used the state constitution's Environmental Rights Amendment to invalidate a state statute that had prevented municipalities from barring hydraulic fracturing. The court held that this amendment required all state revenues from oil and gas leases to go to conserve and maintain public natural resources for the benefit of future generations.
