Environment and Constitution…
Dr M C SHEIKH, Professor in Law,
Shahaji Law College, Kolhapur
Introduction…
• To protect and improve the environment is
a constitutional mandate. It is the commitment
for a country wedded to the ideas of a welfare
State. The Indian constitution contains specific
provisions for environmental protection under
the chapters of Directive Principles of the State
Policy and Fundamental Duties.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
Preamble
• “ WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into
…a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC,
REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and
worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual
and the unity and
Dr M C integrity ofShahaji
SHEIKH, Professor in Law,
aw College, Kolhapur
theL Nation.
Preamble and Environment Protection…
• The Preamble of Indian Constitution begins by stating that people
of India solemnly resolve to constitute India into a socialist country.
This indicates that our Constitution affords us with the socialist
pattern of society. Thus, aiming at dealing with and solving social
problems first, rather than concentrating on individual problems.
Here, what is in the interest of the public is of utmost importance.
• The state has the duty to comply with all the provisions and since
India is declared to be the Democratic Republic, the citizens of this
country hold a very essential right to have looked upon the conduct
of the state and provisions being taken by the government from
time to time to restore the environment.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
Fundamental
Rights
• According to Article 21 of the constitution-
“No person shall be deprived of his life
or personal liberty except according to
procedure established by law”.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
Article 21 has received a liberal interpretation from time to time
after the decision of the Supreme Court in Maneka Gandhi vs.
Union of India
(AIR 1978 SC 597)
• Article 21 guarantees the fundamental right to
life. Right to the environment, free of the
danger of disease and infection is inherent in
it. Right to the healthy environment is an
important attribute of a right to live with
human dignity.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
Entitlement Kendra vs. State, AIR 1988 SC
2187
(Popularly known as Dehradun Quarrying Case)
• The right to live in a healthy environment as part
of Article 21 of the Constitution was first
recognized in this case.
• It is the first case of this kind in India, involving
issues relating to the environment and ecological
balance in which Supreme Court directed to stop
the excavation (illegal mining) under
the Environment (Protection) Act, 1986.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
Art. 14 :
Equality before the law and
Equal protection of the law
• Art. 14 states: “The states shall not deny to any person
equality before the law or the equal protection of the laws
within the territory of India.’’
• The right to equality may also be infringed by government
decisions that have an impact on the environment. An
arbitrary action must necessary involve a negation of
equality, thus urban environmental groups often resort to
Art.14 to quash arbitrary municipal permission for
construction that are contrary to development regulations.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
• Environmental protection is a fundamental duty of every citizen
of this country under Article 51-A(g) of our Constitution which
reads as follows,
“It shall be the duty of every citizen of India to protect and improve
the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures.”
This above said Article was inserted in the Constitution through the
42ndConstitutional Amendment Act following the guidelines of
Stockholm Conference in 1972 where India was a signatory state.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
Directive Principles..
• Another important Article was also incorporated
through this 42nd Amendment in 1976 in Part IV
is Article 48-A. Which directs the State to protect
and improve the environment as follows-
• “48-A. Protection and improvement of
environment and safeguarding of forest and
wild life.- The state shall endeavor to protect and
improve the environment and to safeguard the
forest and wild life of the country”
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
M.C Mehta v. State of Orissa,
AIR 1992 Ori 225
Article 48-A and 51-A(g) lay down the
foundation for the jurisprudence of
environmental protection obligating the state
and citizens alike to protect and improve the
environment.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
INTERNATIONAL ENVIRONMENTAL AGREEMENTS
• Article 253 of the Constitution which
empowers the Parliament of our country to
make laws which can be applicable to the
whole or any territory of the country for
implementing any agreement or convention
signed with the other country or countries.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
REMEDIES…
• Writ Jurisdiction : Art 32 and 226
Since the right to a wholesome environment has been
recognised as an implied fundamental rights,
the writ petitions are often restored to in environment cases.
Generally, the writs of Mandamus, Certiorari and
Prohibition are used in environmental matters.
• PIL : Public interest litigation describes legal actions
brought to protect or enforce rights enjoyed by
members of the public or large parts of it.
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
• Introduction : Relevance of Constitution and Environment
• Preamble : Socialistic - decent standard of life.
Democratic - Right to know
• Fundamental Rights : Art.- 21, 14, 19.
• Fundamental Duties : (42nd Amendment) Art.- 51 A (g)
• Directive principles : (42nd Amendment) Art.- 48-A
• International Environmental Agreements: Art.- 253.
• Remedies : Writ jurisdiction Art.- 32, 226 and PIL.
• Conclusion : Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
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Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur
Dr M C SHEIKH, Professor in Law, Shahaji L
aw College, Kolhapur