Constitution Salvages Environment - State Ensures All-round Development

In this article, Gajanan Khergamker says apart from ensuring that the law on environment is enforced equitably across India, the State has to provide the perfect platform to balance development and environment. He cites different examples to make his point clear.

- Gajanan Khergamker

It was on January 26, 1950 that the Constitution of India came into effect replacing the erstwhile Government of India Act of 1935 as the governing document of India and transformed the nation we know today as India, into a Republic for the first time in history. And, it is this very Constitution of India which provides for the protection and improvement of the environment; this, through a wide range of Articles—as Directive Principles directing the State to promulgate in this regard as well as guaranteeing the same through Fundamental Rights.

An integral part of the Directive Principles of State Policy, under Chapter IV of the Constitution of India, Article 48A requires the State to protect and improve the environment as well as safeguard the forests and wildlife of the country. Also, Article 51A (g) casts a duty on every citizen of the country to protect and improve the environment. Now, these being Directive Principles are not enforceable in a court of law in India or by the judiciary in any form, yet are persuasive and indicative of the road ahead for the State of India towards the cause of environment.

More practical and enforceable for environmental rights is the Right to Life guaranteed to all citizens under Article 21 of the Constitution of India. The Article that deals with the Protection of Life and Personal Liberty except according to procedure laid down by law is commonly known as the Right to Life. Article 21 has been, over the years, interpreted widely and generously by the Supreme Court to bring within its sweep the right to a pollution-free environment.