THE INDIAN CONSTITUTION AND THE ENVIRONMENT

The Indian Constitution protects the environment through various amendments aimed at living in a clean pollution-free environment. The Preamble to the Indian Constitution also ensures the same to maintain the dignity of the individual. Varied provisions concerning the environment have evolved over the years. Though in ancient times there were many deliberations about the conservation and improvement of the environment, after the Stockholm Conference in 1972, the functions relating to the development of the environment were put into action. The 42nd Amendment Act to the Constitution was passed incorporating Article 48-A into the Directive Principle of State Policy of The Constitution of India. Acts associated with the environment including

The Wild Life (Protection)Act, 1972; The Water (Prevention and Control of Pollution) Act,1974 and The Air (Prevention and Control of Pollution) Act,1981 were incorporated. Thus, the Indian Constitution plays a key role for the protection of the environment.

LEGISLATIVE POWER RELATING TO ENVIRONMENT

Under The Seventh Schedule of The Constitution of India, there are 3 lists namely List 1- Union List

The Union List of The Constitution of India includes environmental protection such as Regulation and development of oil fields and mineral oil resources, Regulation of mines and mineral development, Regulation of labor and safety in mines and oilfields, etc.

List-2 - State List

State List of The Constitution of India comprises environmental protection of the following subjects

Public health and sanitation, Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases, etc.

List-3- Concurrent List

The concurrent List of The Constitution of India comprises environmental protection such as Prevention of cruelty to animals and forests, Protection of wild animals and birds, Economic and social planning, etc.

DIRECTIVE PRINCIPLE OF STATE POLICY

Article 47 of the Constitution incorporates the primary duty of the State to enhance the level of nutrition and improve the standard of living and public health. Under Article 48-A of The Constitution of India, introduced by the 42nd Amendment Act to the Constitution, 1976 the State

is obligated "to protect and improve the environment and to safeguard the forest and wildlife of the country."

FUNDAMENTAL DUTIES

Article 51A of The Constitution of India confers not only a duty to all its citizens but also to check the activities of the State whether the State activities comply with the provisions of the fundamental law of the land or not. The citizens can approach the court for the proper enactment of the duties of the State, local bodies, and relevant departments.

Article 51A(g) of the Constitution of India decrees every citizen of India to have a fundamental duty "to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.".

OTHER CONSTITUTIONAL PROVISIONS RELATED TO ENVIRONMENT ● Article 14

● Article 19(1)(a)

● Article 19(1)(g)

● Article 21

INTERNATIONAL AGREEMENTS ON THE ENVIRONMENT

Provisions relating to International Agreements

Article 51 of the Constitution of India states the Promotion of International peace and security. Article 51(c) states

The State shall endeavor to foster respect for international treaty obligations in the dealing of organised peoples with one another.

Article 253 of The Constitution of India states Legislation for giving effect to international agreements. According to the article

The power of the parliament to make any law for the whole or any part of the territory of India for carrying out any treaty, agreement, or convention with any other country or country or any decision made at any international conference, association, or other body. India being a signatory to the Stockholm Declaration, 1972 has to adhere to and enforce the provisions in the country. Article 51(c) and Article 253 of The Constitution of India provide the provisions to comply with international treaty obligations in the country.

CONCLUSION

The Constitution of India has made various provisions related to the protection of the environment and against environmental degradation. The Judiciary has given order to maintain ecological integrity and balance to preserve natural sources of the environment so that citizens can live in a healthy, safe environment maintaining a decent standard of living. Indian Constitution not only places a fundamental duty upon citizens to protect and improve the environment but also makes similar obligations to the State to make provisions in order to take action against pollution and

threats to the environment. So, with the Judiciary and State, it is our responsibility to conserve natural resources for our present and future generations, and must keep in mind that industrial development must not adversely affect the environment.

References

1. MC Mehta v. Union Of India , 1994

2. S Jagannath v. Union of India, [(1997) 2 SCC87]

3. Sher Singh v. State of Himachal Pradesh

4. In Mohan Kumar Singhania & Ors. v. Union of India & Ors., AIR 1992 Supp (1) SCC 594 5. State of U.P. v. Yamuna Shanker Misra & Ors., (1997) 4 SCC 7

6. T.N. Godavarman Thirumalpad v. Union of India & Ors.,[14] (2002) 10 SCC 606 7. State of W.B. & Ors. v. Sujit Kumar Rana, (2004) 4 SCC 129