Jonah Patel
The protection of the environment is a constitutional commitment in many countries. For example, in the US, the Federal Government has a fundamental duty to protect the environment and ensure that all people have access to clean air, water, and food. Similarly, in India, the Constitution Act of 1976 states that the protection and improvement of the environment is a fundamental duty. The Indian Constitution also contains specific provisions for environmental protection in the Directive Principles of State Policy, Fundamental Duties, and Fundamental Rights sections. International agreements, such as the Stockholm declaration in 1972, have also played a role in shaping India's constitutional commitment to environmental protection.
| Characteristics | Values |
|---|---|
| Right to a clean environment | Implicit in Fundamental Rights (Part-III) |
| Right to clean air | Implicit in Fundamental Rights |
| Right to clean water | Implicit in Fundamental Rights |
| Right to safe and healthy food | Implicit in Fundamental Rights |
| Right to a healthy, sustainable, climate-resilient environment | Implicit in Fundamental Rights |
| Right to an environment free from harmful pollution and chemical exposure | Implicit in Fundamental Rights |
| Right to equal protection under the law | Implicit in Article 14 |
| Right to fairness in environmental protection measures | Implicit in Article 14 |
| Right to protection from noise pollution | Implicit in Article 19(1) |
| Right to protection from loudspeakers or sound amplifiers | Implicit in Article 19(1) |
| Right to protection and improvement of the environment | Explicit in Constitution Act of 1976 |
| Right to live in a healthy environment | Explicit in Indian Constitution |
| Right to protection of the environment | Explicit in Article 253 of the Indian Constitution |
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What You'll Learn
The Right to a Clean Environment
Article 19(1) has been interpreted by the Supreme Court to address the threat of noise pollution. In the PA Jacob case of 1993, the court upheld the position that using loudspeakers or sound amplifiers is not protected under Article 19(1).
The idea of environmental rights and obligations has been added to the Constitution over time. The Constitutional provision is that the environment must be maintained and protected and every citizen has the right to live in a healthy environment.
India has also been a signatory to a surfeit of international agreements dealing with environmental protection. This includes the Stockholm declaration in 1972, which held that the world has one environment. 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 the treaties.
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Environmental rights
The protection and improvement of the environment is a fundamental duty under the Constitution Act of 1976. The Indian Constitution's Directive Principles of State Policy, Fundamental Duties, and Fundamental Rights sections contain specific provisions for environmental protection.
The Right to a Clean Environment is one of the implied Fundamental Rights under Part-III of the Indian Constitution. According to Article 14, everyone is entitled to equality before the law and equal protection under the law. This implicitly imposes an obligation on the state to exercise fairness in its environmental protection measures. Article 19(1) has also been interpreted by the Supreme Court to address the threat of noise pollution.
India has been a signatory to a surfeit of international agreements dealing with environmental protection. At the Stockholm Declaration in 1972, it was held that the world has one environment. 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 the treaties.
In the United States, the Federal Government has a fundamental duty to uphold environmental justice on behalf of all people. This includes ensuring clean air to breathe, clean water to drink, safe and healthy foods to eat, and an environment that is healthy, sustainable, climate-resilient, and free from harmful pollution and chemical exposure.
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Obligations
The protection and improvement of the environment is a fundamental duty under the Constitution Act of 1976. 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. Over time, the state has realised its responsibility to protect the environment and the idea of environmental rights (in Fundamental Rights) and obligations (in Fundamental Duties) has been added to the Constitution.
The Right to a Clean Environment is one of the implied Fundamental Rights under Fundamental Rights (Part-III) as established by the judiciary using Articles 14, 19, 21, and 32. According to Article 14 of the Constitution, everyone is entitled to equality before the law and equal protection under the law. Article 14 implicitly imposes an obligation on the state to exercise fairness in its environmental protection measures.
Article 19(1) has also been interpreted by the Supreme Court to address the threat of noise pollution. In the PA Jacob case (1993), the court upheld the position that using loudspeakers or sound amplifiers is not protected under Article 19(1).
India is also a signatory to a surfeit of international agreements dealing with environmental protection. For example, the Stockholm declaration in 1972 held that the world has one environment. 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 country shall foster respect for international law and the obligations of the treaties.
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International agreements
The protection and improvement of the environment is a fundamental duty under the Constitution Act of 1976. The Indian Constitution contains specific provisions for environmental protection in the Directive Principles of State Policy, Fundamental Duties, and Fundamental Rights sections.
There is a surfeit of international agreements dealing with environmental protection, and India has been a signatory to many of them. For example, India is a signatory to the Stockholm Declaration of 1972, which held that the world has one environment. As a signatory to such international pacts, 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 the treaties.
Article 253 of the Indian Constitution sanctions the Parliament to make laws that can be applicable to the whole or any territory of the country for implementing any agreement or convention signed with other countries.
In the United States, the Federal Government must uphold the protection of a healthy environment as a fundamental duty on behalf of all people.
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Fundamental duties
The protection and improvement of the environment is a fundamental duty under the Constitution Act of 1976. 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. Over time, the state has 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 Right to a Clean Environment is one of the implied Fundamental Rights under Fundamental Rights (Part-III) as established by the judiciary using Articles 14, 19, 21, and 32. According to Article 14 of the Constitution, everyone is entitled to equality before the law and equal protection under the law. Article 14 implicitly imposes an obligation on the state to exercise fairness in its environmental protection measures.
Article 19(1) has also been interpreted by the Supreme Court to address the threat of noise pollution. In the PA Jacob case (1993), the court upheld the position that using loudspeakers or sound amplifiers is not protected under Article 19(1).
India has also been a signatory to a surfeit of international agreements dealing with environmental protection. At the Stockholm declaration in 1972, it was held that the world has one environment. 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 country shall foster respect for international law and the obligations of the treaties.
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Frequently asked questions
The constitutional commitment to environmental protection is the idea that the environment must be maintained and protected, and that every citizen has the right to a clean, healthy environment. This is a fundamental duty under the Constitution Act of 1976.
The Fundamental Rights section of the Indian Constitution includes the right to a clean environment, which is implied by Articles 14, 19, 21, and 32. Article 14 states that everyone is entitled to equality before the law and equal protection under the law, and Article 19(1) has been interpreted by the Supreme Court to address the threat of noise pollution.
India is a signatory to a surfeit of international agreements dealing with environmental protection, including the Stockholm declaration in 1972, which stated that the world has one environment. Article 51(c) of the Indian Constitution states that the state shall foster respect for international law and the obligations of the treaties.
