In the Indian Constitution, fundamental rights related to the environment primarily fall under Article 21, which guarantees the right to life and personal liberty.
Over the years, the Indian judiciary has interpreted this right to include the right to a healthy environment. Here are some key provisions pertaining to the environment in the Indian Constitution:
- Article 21: The right to life and personal liberty has been interpreted to include the right to a clean and healthy environment. This means that every citizen has the right to live in an environment free from pollution and ecological imbalances.
- Article 48A: This directive principle of state policy states that the protection and improvement of the environment must be a primary duty of the state. While directive principles are not legally enforceable, they guide the government in policy-making.
- Article 51A(g): It is the fundamental 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.
- The National Green Tribunal Act, 2010: While not part of the Constitution, this act establishes the National Green Tribunal, which has the power to handle cases related to environmental protection and conservation.
These provisions collectively emphasize the importance of environmental protection and the responsibility of both the government and citizens to ensure a clean and healthy environment. The Indian judiciary has been actively involved in enforcing these rights and has delivered several landmark judgments to safeguard the environment.