LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
Study Material
Environmental Law (LLB501)
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Table of Contents
Sl. Contents Page
No. Module III: Constitutional Perspective of Environment Protection in India No.
2.1 Constitutional Provisions for Environmental Protection 2-3
2.4 Relevant Case Laws 3-7
2.5 Conclusion 7
2.6 Sample Questions 8-10
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 1
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
3.1 Constitutional Provisions: The Indian Constitution recognizes the importance of environmental
protection and sustainable development. It contains several provisions that aim to safeguard the
environment for the present and future generations. Key provisions related to environmental protection in
India are:
1. Article 14 - Right to Equality: Article 14 of the Indian Constitution enshrines the fundamental right
to equality. It ensures that the State shall not deny any person equality before the law or equal
protection of the laws. In the context of environmental protection, this provision implies that all
individuals should have equal access to a clean and healthy environment without discrimination. In
Indian Council for Enviro-Legal Action v. Union of India (1996), the Supreme Court held that
the right to live in a pollution-free environment is a fundamental right under Article 21 (right to life)
and Article 14. It emphasized that environmental protection is essential for ensuring equal protection
of laws and preserving the right to life with dignity.
2. Article 32 - Right to Constitutional Remedies: Article 32 empowers the Supreme Court to issue
writs for the enforcement of fundamental rights. This provision acts as a powerful tool to protect
the environment, as citizens can directly approach the apex court to seek remedies for environmental
violations and seek redressal for any infringement of their fundamental right to a clean environment.
M.C. Mehta v. Union of India (1987) is a landmark case which showcases the significance of
Article 32 in environmental protection. The Supreme Court, through its writ jurisdiction, ordered
the closure of polluting industries in the Taj Trapezium Zone and established the "Polluter Pays
Principle." This case set a precedent for using writs to protect the environment and hold polluters
accountable.
3. Article 47 - Duty of the State to Raise the Level of Nutrition and the Standard of Living and to
Improve Public Health: Article 47 directs the State to raise the level of nutrition and the standard of
living of its citizens and to improve public health. This provision highlights the State's obligation to
ensure environmental protection for the well-being and health of the people. In the case of State of
Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005), the Supreme Court held that
maintaining a healthy environment is an essential part of ensuring public health and hygiene under
Article 47. The court directed the closure of illegal slaughterhouses in Gujarat to protect the
environment and public health.
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 2
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
4. Article 48A: This Directive Principle of State Policy states that the State shall endeavor to protect
and improve the environment and to safeguard the forests and wildlife of the country. It highlights
the government's duty to ensure environmental conservation.
5. Article 51A(g): Part of the Fundamental Duties, this provision imposes a duty on every citizen of
India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife,
and to have compassion for living creatures.
6. 3. Article 21: The Right to Life, enshrined in Article 21, has been interpreted expansively by the
courts to include the right to a healthy environment. It implies that every person has the right to live
in an environment that is free from pollution and other hazards that can adversely affect their health.
7. Article 226 - Power of High Courts to Issue Writs: Article 226 confers the High Courts with the
power to issue writs for the enforcement of fundamental rights and for any other purpose. This
provision enables the High Courts to take suo moto cognizance of environmental issues and provide
timely remedies for environmental protection. In the landmark case of T.N. Godavarman
Thirumulpad v. Union of India (1997), the Supreme Court extensively used its writ jurisdiction
under Article 32 and 226 to protect forests and wildlife. The court issued several orders to prevent
illegal logging and forest encroachments, showcasing the effectiveness of writs in environmental
conservation.
8. 4. Article 253: This article empowers the Parliament to enact laws for implementing international
treaties and conventions. It has been used to pass environmental legislation in line with international
commitments, such as the United Nations Framework Convention on Climate Change (UNFCCC)
and the Convention on Biological Diversity (CBD).
3.2 Relevant Case Laws:
• Subhash Kumar v. State of Bihar, AIR 1991 SC 420
Overview: This case revolves around the issue of arbitrary and unfair termination of government
employees without providing them with an opportunity to be heard. The case addresses the importance of
the principles of natural justice in administrative actions.
Facts: Subhash Kumar, the petitioner, was a government employee who was dismissed from his position
without being given a chance to present his case or defend himself against the allegations made against
him. He filed a petition in the Supreme Court challenging the validity of his termination.
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 3
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
Key Legal Issues: The main legal issues raised in this case were:
1. Whether the principles of natural justice were violated by the government authorities in the
termination of the petitioner's employment.
2. Whether a fair and reasonable opportunity to be heard should be provided before taking punitive
administrative action against a government employee.
Decision: The Supreme Court held that the principles of natural justice were not followed in the petitioner's
termination, and he was denied the opportunity to be heard, which was a violation of his constitutional
rights. The Court emphasized that government employees are entitled to a fair and reasonable opportunity
to present their case before any adverse action is taken against them.
• Rural Litigation and Entitlement Kendra v. State of U.P., (1985) 2 SCC 431
Overview: This landmark case addresses environmental issues and the significance of Public Interest
Litigation (PIL) in India. The case focuses on the legal aspects of environmental protection and the
involvement of the judiciary in safeguarding environmental rights.
Facts: Rural Litigation and Entitlement Kendra, a non-governmental organization, filed a PIL in the
Supreme Court highlighting the ecological degradation and environmental damage caused by limestone
mining in the Mussoorie hills of Uttarakhand (formerly part of Uttar Pradesh). The PIL sought the Court's
intervention to protect the environment and the rights of the affected people.
Key Legal Issues: The primary legal issues addressed in this case were:
1. Whether PIL can be filed by an NGO or any concerned citizen on behalf of the affected people to
protect environmental rights.
2. Whether limestone mining in the Mussoorie hills resulted in environmental degradation and affected
the livelihoods of the local communities.
Decision: The Supreme Court recognized the concept of PIL and allowed NGOs or concerned citizens to
file petitions on behalf of the affected people in matters of public interest. The Court also acknowledged
the adverse environmental impact of limestone mining in the region and ordered the closure of mining
activities. This case set a precedent for the use of PIL as a powerful tool for environmental protection and
promoting public interest in India.
• M.C. Mehta v. Union of India, AIR 1997 SC 734
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 4
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
Overview: This case revolves around the issue of vehicular pollution in Delhi and the measures to curb air
pollution in the city. The case highlights the judiciary's proactive role in protecting the environment and
public health.
Facts: M.C. Mehta, an environmental activist, filed a PIL in the Supreme Court seeking measures to control
increasing vehicular pollution in Delhi, which was adversely affecting the air quality and public health.
Key Legal Issues: The main legal issues addressed in this case were:
1. Whether the right to a clean and healthy environment is a fundamental right under Article 21 of the
Indian Constitution.
2. What measures should be taken to control vehicular pollution in Delhi and improve the air quality.
Decision: The Supreme Court reaffirmed that the right to a clean environment is an integral part of the right
to life under Article 21 of the Constitution. The Court issued various directions and measures to reduce
vehicular pollution in Delhi, such as mandating the use of Compressed Natural Gas (CNG) as a cleaner fuel
for public transport vehicles and regulating the influx of diesel vehicles. This case marked a significant
milestone in the judicial activism aimed at environmental protection in India.
• M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388
Overview: This case concerns the protection of the Taj Mahal, one of India's most iconic monuments, from
pollution caused by industries in the vicinity. The case reflects the judiciary's efforts to safeguard cultural
heritage and environmental conservation.
Facts: M.C. Mehta filed a PIL in the Supreme Court to address the issue of pollution from industries
surrounding the Taj Mahal in Agra, which was leading to the discoloration and deterioration of the
monument.
Key Legal Issues: The primary legal issues addressed in this case were:
1. Whether industries located around the Taj Mahal were causing pollution, which posed a threat to
the monument's preservation.
2. What measures should be taken to protect the Taj Mahal from pollution and ensure its conservation.
Decision: The Supreme Court, recognizing the significance of preserving the Taj Mahal, ordered the closure
of polluting industries in the Taj Trapezium Zone. The Court also directed the implementation of measures
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 5
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
to control pollution, such as switching to cleaner fuels and relocating industries to reduce their impact on
the monument. This case exemplifies the judiciary's role in safeguarding India's cultural heritage and
promoting environmental conservation.
• M.C. Mehta v. Kamal Nath, AIR 2000 SC 1997
Overview: This case is a continuation of the earlier M.C. Mehta v. Kamal Nath case (1997) and addresses
issues related to vehicular pollution and environmental protection in Delhi.
Facts: In this case, M.C. Mehta filed a contempt petition in the Supreme Court, alleging that the directions
issued in the earlier judgment to control vehicular pollution were not being adequately implemented.
Key Legal Issues: The primary legal issue addressed in this case was:
1. Whether the directions given in the previous judgment to control vehicular pollution were being
effectively implemented, and if not, what further actions should be taken to ensure compliance.
Decision: The Supreme Court, after examining the implementation of its previous directions, found that
some measures were not adequately followed. The Court issued additional directives to ensure strict
compliance with its previous orders and to further control vehicular pollution in Delhi. This case
underscores the judiciary's commitment to enforcing environmental protection measures and holding
authorities accountable for their implementation.
• M.C. Mehta v. Kamal Nath, 2002 (2) SCALE 654
Overview: This case is another continuation of the earlier M.C. Mehta v. Kamal Nath cases (1997 and
2000) and addresses issues related to environmental pollution in Delhi.
Facts: In this case, M.C. Mehta filed an application before the Supreme Court seeking further action to
control vehicular pollution and improve the air quality in Delhi.
Key Legal Issues: The primary legal issue addressed in this case was:
2. Whether additional measures were required to be implemented to control vehicular pollution and
improve the air quality in Delhi.
Decision: The Supreme Court issued further directives to address the issue of vehicular pollution in Delhi.
The Court emphasized the need for stricter enforcement of emissions standards and mandated the use of
CNG as a fuel for all commercial vehicles operating in the National Capital Region. This case demonstrates
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 6
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
the continued vigilance of the judiciary in monitoring environmental issues and taking appropriate actions
to protect public health and the environment.
• Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109
Overview: This case concerns the right to privacy and the constitutional validity of conducting surveillance
on government employees.
Facts: Sachidanand Pandey, a government employee, challenged the legality of surveillance conducted on
him by the West Bengal government. He contended that such surveillance violated his right to privacy and
was an infringement of his fundamental rights.
Key Legal Issues: The primary legal issues addressed in this case were:
3. Whether conducting surveillance on government employees without proper justification violates
their right to privacy.
4. Whether such surveillance infringes upon the fundamental rights guaranteed under the Indian
Constitution.
Decision: The Supreme Court held that the surveillance on the petitioner was unconstitutional and violated
his right to privacy. The Court emphasized that government employees, like any other citizen, are entitled
to the protection of their fundamental rights, including the right to privacy. The case established a precedent
that surveillance on government employees should be carried out only in exceptional circumstances and
with proper justification to safeguard their privacy rights.
3.3 Conclusion:
India's Constitution reflects the country's commitment to environmental protection and sustainable
development. The inclusion of Directive Principles and Fundamental Duties highlights the responsibility
of the State and its citizens towards the environment. The judiciary has played a vital role in interpreting
these provisions and developing principles such as "Absolute Liability" and "Polluter Pays," which have
contributed significantly to environmental jurisprudence in the country.
However, despite these constitutional provisions and judicial interventions, environmental challenges
persist in India. Rapid industrialization, urbanization, and population growth continue to exert pressure on
natural resources and ecosystems. Effective implementation and enforcement of environmental laws, public
awareness, and participation are crucial to achieving the constitutional objectives of environmental
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 7
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
protection in India. Only through collective efforts can the nation ensure a sustainable and healthy
environment for future generations
3.4 Probable Questions:
MCQ:
Correct
Question Option A Option B Option C Option D Answer
Q1. Which Article of the
Indian Constitution deals
with the protection and
improvement of the a) Article 48- b) Article 51- b) Article 51-
environment? A A(g) c) Article 21 d) Article 370 A(g)
Q2. Which
Constitutional
Amendment Act added a) 42nd b) 44th c) 73rd d) 97th a) 42nd
the term "Environment" Amendment Amendment Amendment Amendment Amendment
to Article 48-A? Act of 1976 Act of 1978 Act of 1992 Act of 2011 Act of 1976
Q3. The concept of
Sustainable
Development is
enshrined in which part a) Directive b) a) Directive
of the Indian Principles of Fundamental Principles of
Constitution? State Policy Rights c) Preamble d) Citizenship State Policy
Q4. Which
Constitutional Article
makes it the duty of
every citizen of India to a) Article 51- b) Article 48- a) Article 51-
protect the environment? A(g) A c) Article 21 d) Article 370 A(g)
Q5. The National Green
Tribunal (NGT) was
established under which b) Article 243- c) Article 48- b) Article 243-
Constitutional provision? a) Article 32 ZG A d) Article 21 ZG
a) 73rd b) 42nd c) 44th d) 97th d) 97th
Q6. The 'Forest Rights
Amendment Amendment Amendment Amendment Amendment
Act' recognizes the rights
Act of 1992 Act of 1976 Act of 1978 Act of 2011 Act of 2011
of forest-dwelling
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 8
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
Correct
Question Option A Option B Option C Option D Answer
Scheduled Tribes. Which
Amendment Act?
Q7. Which
Constitutional provision
empowers the Central
Government to take
measures to protect the a) Article 48- c) Article 51- a) Article 48-
environment? A b) Article 21 A(g) d) Article 249 A
Q8. The right to access
clean drinking water is
considered a part of c) Right to c) Right to
which Fundamental b) Right to Life and Life and
Right in the a) Right to Freedom of Personal d) Right to Personal
Constitution? Equality Speech Liberty Religion Liberty
Q9. Which schedule of
the Indian Constitution
contains provisions
related to the protection a) Ninth b) Fifth c) Tenth d) Eleventh b) Fifth
of tribal areas? Schedule Schedule Schedule Schedule Schedule
Q10. The principle of
'Polluter Pays' is a part of
which Article in the b) Article 48- c) Article 51- d) Article
Indian Constitution? a) Article 21 A A(g) 243-ZG a) Article 21
Short Questions:
1. Explain the constitutional provisions that provide protection to the environment in India.
2. Examine the role of the judiciary in interpreting and enforcing environmental protection laws in the
Indian Constitution.
3. Write about the fundamental rights related to environmental protection guaranteed to Indian citizens
under the Constitution.
4. Determine the significance of the Directive Principles of State Policy in guiding environmental
policies and legislation in India.
5. Explain the concept of Public Interest Litigation (PIL) and its impact on environmental conservation
in India.
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 9
LLB (Semester-V)
Environmental Law (LLB501)
LLB 5th Semester
2023
6. Examine the constitutional safeguards and legal remedies available to individuals and organizations
to address environmental violations.
7. Write about the fundamental duties of Indian citizens in promoting a sustainable environment, as
mentioned in the Constitution.
8. Determine the constitutional obligations of the government to protect and preserve natural resources
and wildlife in India.
9. Explain the relationship between international environmental conventions and their incorporation
into Indian law through the Constitution.
10. Examine the challenges and opportunities in implementing constitutional provisions for
environmental protection at the state and local levels in India.
Long Questions:
1. Explain the historical development of the constitutional protection of the environment in India.
Examine the evolution of key amendments and landmark judicial decisions that have shaped
environmental jurisprudence in the country.
2. Write about the interplay between the fundamental rights and environmental protection in the Indian
Constitution. Determine how the judiciary has balanced individual rights with the collective right
to a clean and healthy environment, especially in cases where economic development and
environmental conservation come into conflict.
3. Examine the constitutional framework for environmental governance in India, focusing on the
distribution of powers and responsibilities between the central government and the states. Explain
the significance of the 73rd and 74th Amendments to the Constitution in promoting environmental
protection at the grassroots level through local self-governance.
4. Determine the role of Public Interest Litigation (PIL) in advancing environmental justice in India.
Write about the impact of landmark PIL cases on issues such as air and water pollution,
deforestation, and protection of wildlife, and how the judiciary's proactive stance has influenced
environmental policies and governance.
5. Explain the concept of "Sustainable Development" as enshrined in the Indian Constitution. Examine
the Constitutional provisions and judicial interpretations that promote the principle of sustainable
development and analyze its practical implementation in environmental planning, natural resource
management, and economic policies in India
Faculty- Souradypta Paul
Assistant Professor, Department of Law
Brainware University, Kolkata 10