The Environment: Our Constitutional Right And Responsibility

The Indian Constitution has made a double provision for the protection of the environment. Initially, there were no explicit provisions for environmental protection, but it was implicit in the Preamble and Directive Principles of State Policy. The state has since realised its responsibility to protect the environment, and the idea of environmental rights and obligations has been added to the Constitution. The goal of environmental protection can be inferred from Articles 38, 47 and 50, read with Article 37. Article 37 casts a duty on the State to apply directive principles in making laws. Article 38 seeks to achieve the welfare of the people by casting an obligation on the State to target social, economic and political justice. Article 51(c) of the Indian Constitution states that the state shall foster respect for international law and the obligations of the treaties.

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The Stockholm declaration in 1972

The Stockholm Declaration of 1972 was the first world conference to make the environment a major issue. The participants adopted a series of principles for sound management of the environment, including the Stockholm Declaration and Action Plan for the Human Environment and several resolutions. The Stockholm Declaration, which contained 26 principles, placed environmental issues at the forefront of international concerns and marked the start of a dialogue between industrialised and developing countries on the link between economic growth, the pollution of the air, water, and oceans, and the well-being of people around the world.

The Stockholm Declaration was a turning point for the protection of the environment as a constitutional provision. Initially, there were no explicit provisions for environmental protection in the Indian Constitution, though it was implicit in the Preamble and Directive Principles of State Policy. With time, the state has realised its responsibility to protect the environment, and after that, the idea of environmental rights (in Fundamental Rights) and obligations (in Fundamental Duties) have been added to the Constitution. Today, the Constitutional provision is that the environment must be maintained and protected and every citizen has the right to live in a healthy environment. This is enshrined in Articles 38, 47 and 50, read with Article 37. Article 37 casts a duty on the State (i.e. all the organs of the State – legislature, executive and judiciary) to apply directive principles in making laws. Article 38 seeks to achieve the welfare of the people by casting an obligation on the State to target social, economic and political justice. Social, economic and political justice, along with the welfare of the people, enjoins a duty upon the State to protect and preserve the environment, which is essential for the well-being of the country and of future generations.

The Stockholm Declaration of 1972 also led to the Parliament of India passing the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974, and the Forest Conservation Act, 1980, to give effect to the Stockholm Convention. The Stockholm Convention was the first convention to discuss environmental issues on a global scale.

The Indian Constitution's Directive Principles of State Policy

Although there were no explicit provisions for environmental protection in the Indian Constitution, it was implicit in the Preamble and Directive Principles of State Policy. The Directive Principles of State Policy, Fundamental Duties, and Fundamental Rights section of the Indian Constitution contain specific provisions for environmental protection.

The goal of environmental protection in the Indian Constitution can be inferred from the provisions enshrined in Articles 38, 47 and 50 read with Article 37. Article 37 casts a duty on the State (i.e. all the organs of the State – legislature, executive and judiciary) to apply directive principles in making laws. Article 38 seeks to achieve the welfare of the people by casting an obligation on the State to target social, economic and political justice. Social, economic and political justice, along with the welfare of the people, enjoins a duty upon the State to protect and preserve the environment, which is essential for the well-being of the country and of future generations.

The Indian Constitution has made a double provision: a directive to the State for the protection and improvement of the environment and an imposition on every citizen in the form of a fundamental duty to help in the preservation of the natural environment. Since 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.

At the Stockholm Declaration in 1972, it was held that the world has one environment. India, being a signatory to such international pacts, is under an obligation to translate those provisions and abide by them in the country. This has been clearly stated in Article 51(c) of the Indian Constitution, which states that the State shall foster respect for international law and the obligations of the treaties.

The Indian Constitution's Fundamental Rights

Although there were no explicit provisions for environmental protection in the Indian Constitution, the promotion of environmental protection was implicit in the Preamble and Directive Principles of State Policy. The state has since realised its responsibility to protect the environment, and the idea of environmental rights (in Fundamental Rights) and obligations (in Fundamental Duties) have been added to the Constitution.

The Indian Constitution now contains specific provisions for environmental protection in the Directive Principles of State Policy, Fundamental Duties, and Fundamental Rights sections. The Constitutional provision is that the environment must be maintained and protected and every citizen has the right to live in a healthy environment.

The goal of environmental protection in the Indian Constitution can be inferred from Articles 38, 47 and 50, read with Article 37. Article 37 casts a duty on the State (i.e. all the organs of the State – legislature, executive and judiciary) to apply directive principles in making laws. Article 38 seeks to achieve the welfare of the people by casting an obligation on the State to target social, economic and political justice. Social, economic and political justice, along with the welfare of the people, enjoins a duty upon the State to protect and preserve the environment, which is essential for the well-being of the country and of future generations.

Additionally, India is a signatory to international pacts, such as the Stockholm Declaration of 1972, which holds that the world has one environment. As such, India is under an obligation to translate those provisions and abide by them in the country. This has been clearly stated in Article 51(c) of the Indian Constitution, which states that the state shall foster respect for international law and the obligations of treaties.

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The Indian Constitution's Fundamental Duties

Although there were no explicit provisions for environmental protection in the Indian Constitution, the goal of environmental protection was implicit in the Preamble and Directive Principles of State Policy. The idea of environmental rights and obligations has since been added to the Constitution.

The Indian Constitution now contains specific provisions for environmental protection in the Directive Principles of State Policy, Fundamental Duties, and Fundamental Rights sections.

The Fundamental Duties section of the Indian Constitution imposes on every citizen the fundamental duty to help preserve the natural environment. This is a reflection of the government's awareness of a problem of worldwide concern. As 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.

Articles 38, 47, and 50, read with Article 37, also cast a duty on the State to protect and preserve the environment, which is essential for the well-being of the country and of future generations. Article 37 casts a duty on all the organs of the State (the legislature, executive, and judiciary) to apply directive principles in making laws. Article 38 seeks to achieve the welfare of the people by casting an obligation on the State to target social, economic, and political justice.

Additionally, India is a signatory to international pacts, such as the Stockholm Declaration in 1972, which held that the world has one environment. As such, India is under an obligation to translate those provisions and abide by them in the country, as stated in Article 51(c) of the Indian Constitution.

The Indian Constitution's Articles 38, 47 and 50

Article 38 of the Indian Constitution highlights the responsibility of the State to establish a social order promoting social, political and economic justice. It is based on socialist principles and aims to reduce inequalities and ensure equal opportunities for all citizens irrespective of income, status or background. The 44th Amendment Act, 1978 broadened the scope of Article 38. Article 38(1) provides that the State must strive to promote the welfare of the people by securing a social order in which social, economic, and political justice is integrated into all institutions of national life. This provision directs the State to embed justice within the functioning of every institution in society. Article 38(2) states that the State is charged to minimise inequalities in income and eliminate disparities in status, facilities and opportunities.

Article 47 of the Indian Constitution imposes an obligation on the state to improve public health, nutrition, and the standard of living. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Article 50 of the Indian Constitution deals with the separation of the judiciary from the executive in public services. India is a democratic country, and democracy has three organs, i.e., the legislative, executive, and judiciary. Every organ has its own powers and functions to perform. The legislature drafts the laws and ordinances, the executive implements those laws and ordinances, and the judiciary protects the laws and safeguards the rights of individuals.

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