Environmental law

CONSTITUTIONAL PROVISIONS
RELATING TO ENVIRONMENTAL
LAW

CONSTITUTION OF INDIA
Fundamental Directive Principle Fundamental Duties
Rights of State Policy

7th Schedule of Indian Constitution
The 7th Schedule deals with the Division of Power between the central and
state government.
It consists of three lists namely:
1. Union List
2. State List
3. Concurrent List

CONSTITUTION OF INDIA
It is also know as Supreme Law of India.
In the beginning, it had 395 Articles 22 Parts and 8 Schedules.
Currently, it has a preamble, with 448Articles 25 Parts and 12 Schedules.
It frames fundamental, political principles, procedures, practices, rights,
powers, and duties of the governments.

42ND AMENDMENT ACT
Preamble Words ‘Socialist’, ‘Secular’
and ‘Integrity’ added
7th Schedule Transferred five subjects
from the state list to the
concurrent list:
1.Education
2.Forests
3.Weights & Measures
4.Protection of Wild
Animals and Birds
5.Administration of Justice

Article 51A 11 Fundamental
Duties added for the
citizens. (The Fundamental
Duties of citizens were
added upon the
recommendations of
the Swaran
Singh Committee that was
constituted by the
government in 1976)

DPSPs Three new DPSPs (Directive
Principles of state policy) were
added to the existing list of
DPSPs and one was amended:
1.To secure opportunities for
the healthy development of
children (Article 39)
2.To promote equal justice and
to provide free legal aid to the
poor (Article 39 A)
3.To take steps to secure the
participation of workers in the
management of industries
(Article 43 A)
4.To protect and improve the
environment and to safeguard
forests and wildlife (Article 48 A)

The preamble of the constitution 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.
• The basic aim of Preamble is socialism and it is the responsibility of the
state to fulfil this by taking stringent measures to make the environment
free from all forms of pollution. The obligation of the state further includes
providing not only a pollution free environment but also a decent standard
of living to all living beings.

FUNDAMENTAL RIGHTS
• Part-III of the Constitution
• Containing Articles-12 to 35, deals with Fundamental Rights.
Article-14
Article-19
Article-21

•ARTICLE-14 :Equality before law
The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India

ARTICLE- 14
• Equality before the law and equal protection of the law has been granted
under Article 14 of the Constitution.
• This fundamental right impliedly casts a duty upon the state to be fair while
taking actions in regard to environmental protection and thus, cannot
infringe article 14.
• In cases of exercise of arbitrary powers on behalf of the state authorities, the
judiciary has played a strict role in disallowing the arbitrary sanction.
• Use of discretionary powers without measuring the interest of the public
violates the fundamental right of equality of the people.

• In Bangalore Medical Trustv. B.S.Muddappa, an improvement scheme was
prepared by the City Improvement Board of Bangalore for the purpose of
extending the city. A low-level park was to be developed for which an area was
kept under this scheme. But under the direction of the chief minister the area kept
for the low-level park was to be converted into the civic amenity site where the
hospital was to be constructed. As soon as the construction began, the residents
moved to the high court.
• The petition moved in by the residents was allowed by the high court. But in
appeal to the supreme court, the appellant contended that the power to allot sites
is completely a discretionary one and the developing authority has the right to
allow the site for making hospital rather than a park. And thus, the diverted use of
the land was justified in the eyes of the appellant.
• By explaining the importance of open spaces and parks in the development of
urban areas, the supreme court rejected the appeal. The Hon’ble court further
stated that the open spaces, recreation, playing grounds and protection of ecology
are the matters of vital importance in the interest of public and crucial for the
development. Keeping open spaces for the interest of the public is justified cannot
be sold or given on lease to any private person solely for the sake of monetary
gains.

ARTICLE-19(1)(a)
Protection of certain rights regarding freedom of speech etc
• (1) All citizens shall have the right
• (a) to freedom of speech and expression;

• Freedom of Speech and Expression and Environment
• Right of speech and expression is a fundamental right expressly mentioned
in Article 19(1)(a) of Part III of the Constitution. There have been a number
of cases where people have approached the court through the way of
speech and expressing themselves by writing letters.
• In India, the media has been playing a crucial role in moulding the
perception of people in issues relating to the environment. Thus, Article
19(1)(a) is interpreted to include the freedom of the press as well.

• Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar
Pradesh
Where they have expressed the violation of their right to have a clean and
safe environment and a right to livelihood.

• Freedom of Trade and Commerce and Environmental Protection
• All the citizens of India have a fundamental right to carry on any profession
or business, trade or commerce at any place within the territory of India
under Article19(1)(g) of the Constitution. But this is not an absolute right
and thus, has reasonable restrictions to it. Article 19(6) of the Constitution
lays down the reasonable restriction to this fundamental right to avoid the
environmental hazards.
• The purpose is to avoid the ecological imbalance and degradation of the
atmosphere in the name of carrying on a trade, business, occupation or
carrying on any profession. Thus, in the name of business or profession,
one cannot cause harm to the environment.

• In M.C.Mehta v. Union of India, AIR 1988 SC 1037 certain tanneries were
discharging effluents in the holy river Ganga which was causing water
pollution. Further, no primary treatment plant was being set up despite the
constant reminders. It was held by the court to stop the tanneries from
working because the effluents drained were ten times more noxious as
compared to the ordinary sewage water which flows into the river.
• The court ordered while directing tanneries to be stopped from working
which have failed to take necessary steps as required for the primary
treatment of effluents from the industries. The court while passing this
order contended that, though the court is conscious about the
unemployment that might usher due to the closure of the tanneries
but health, life and ecology holds greater importance in the eyes of law.

ARTICLE – 21 : Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according
to procedure established by law

ARTICLE-21
• The scope of article 21 was broadened by the judiciary to include under its
purview the right to livelihood as well.
• It includes the right of citizens to earn their livelihood along with the right
to life.
• The wider interpretation of this article has proved to be beneficial in
keeping a strict check on the conduct and actions of the government in the
context of measures taken by the authorities to protect the environment. It
is also beneficial in keeping a check on the activities of the state which can
have a massive impact on the environment, health of the individuals and
threat to the livelihood of poor.

• In the famous Taj Mahal Case, ample of industries near Taj Trapezium
Zone were using coke and coal as an industrial fuel. These industries were
ordered to be relocated to an alternative site as provided under Agra
Master Plan. The rights and duties of the workmen in the industries were
also specified by the court following the principle of sustainable
development.
• Indian judiciary has been very conscious while dealing with the matters of
development and the environment protection to avoid the conflict between
the two aspects.

• In M.C Mehta v. Union of India, due to stone crushing activities in and
around Delhi was causing a huge problem of pollution in the environment.
The court was conscious of the inevitable consequences and the ecological
problems caused due to the industrial activities in the country. In the name
of environmental development, it cannot be permitted to degrade the
quality of the ecology and increase different forms of pollution to the
extent that it becomes a health hazard to the lives of all the citizens. It was
further held that citizens have a right to fresh air and have a pollution-free
environment in which they live.

DIRECTIVE PRINCIPLE OF STATE POLICY
• Part-IV
• Articles- 36 to 51

• In the year 1976, the constitution was amended. With this
amendment, Article 48-A was inserted in the constitution.
• Protection and improvement of environment and safeguarding of forests
and wild life The State shall endeavour to protect and improve the
environment and to safeguard the forests and wild life of the country
• The provision of this article imposes the duty on the state to protect and
improve the environment and safeguard the forests and wildlife of the
country.
• The word “Environment” has been interpreted widely in this article. The
state shall not only play a role of being protectionists but also enact
adequate measures for improvement of the environment.

FUNDAMNETAL DUTIES
• Part- IV A in Constitution of India
• Article- 51A

•FUNDAMENTAL DUTIES ARTICLE -51A
• Fundamental duties It shall be the duty of every citizen of India
• (a) to abide by the Constitution and respect its ideals and institutions, the
national Flag and the National Anthem;
• (b) to cherish and follow the noble ideals which inspired our national
struggle for freedom;
• (c) to uphold and protect the sovereignty, unity and integrity of India;
• (d) to defend the country and render national service when called upon to
do so;
• (e) to promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women;

• (f) to value and preserve the rich heritage of our composite culture;
• (g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures;
• (h) to develop the scientific temper, humanism and the spirit of inquiry and
reform;
• (i) to safeguard public property and to abjure violence;
• (j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour and
achievement
• (k) who is a parent or guardian to provide opportunities for education to his
child or, as the case may be, ward between the age of six and fourteen
years.

• (g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures;
• The concept of rights and duties respectively, co-exist. They are
interconnected. If citizens have the right to a decent standard of living
and a pollution free environment, then at the same time they are
obliged to protect it and not carry on activities which prove to be
dangerous for the society at large and all other living beings.
Article 51A clause (a), (g), (i), (k) – Legislative enactments made by the
Parliament

• Article 51A clause (a) : Prevention of Insults to National Honour Act, 1971.
• Article 51A clause (g) :
• Six Laws Related to Environmental Protection and
1. The Environment (Protection) Act, 1986;
2. The Forest (Conservation) Act, 1980;
3. The Wildlife Protection Act, 1972;
4. Water (Prevention and Control of Pollution) Act, 1974;
5. Air (Prevention and Control of Pollution) Act, 1981; and
6. The Indian Forest Act, 1927.

• Public interest litigation was filed before the high court by five persons, who
were residents of a specific area, in the case of Sitaram Champaran V. State
of Bihar to seek the directions of the court for the closure of the tyre re-
treading plant, in the interest of public health. This plant was situated in the
residential area and was emitting carbon dioxide along with other obnoxious
gases causing harm to the environment. The respondents were directed to
wind up the plant in the interest of environmental protection and were
considered a fundamental duty under Article 51-A.

PROVISIONS RELATING TO
ENVIRONMENTAL LAW
•UNION LIST
•STATE LIST
•CONCURRENT LIST

UNION LIST
SUBJECTS
• 06. Atomic energy and mineral resources necessary for its production.
• 52. Industries, the control of which by the Union is declared by Parliament by
law to be expedient in the public interest.
• 56. Regulation and development of inter-State rivers and river valleys to the
extent to which such regulation and development under the control of the
Union is declared by Parliament by law to be expedient in the public interest.
• 57. Fishing and fisheries beyond territorial waters.

STATE LIST
SUBJECTS
• 17. Water, that is to say, water supplies, irrigation and canals, drainage
and embankments, water storage and water power subject to the provisions
of Entry 56 of List I.
• 21. Fisheries.
• 23. Regulation of mines and mineral development subject to the provisions of
List I with respect to regulation and development under the control of the
Union.

CONCURRENT LIST
SUBJECTS
• 17. Prevention of cruelty to animals.
• 17-A. Forests.
• 17-B. Protection of wild animals and birds.
• 18. Adulteration of foodstuffs and other goods.
• 20. Economic and social planning.

• Mahesh Chandra Mehta is a
public interest attorney from
India.
• He single-handedly won
numerous landmark judgments
from India’s Supreme Court since
1984, including introducing lead-
free gasoline to India and
reducing the industrial pollution
fouling the Ganga and eroding the
Taj Mahal.

• Maneka Sanjay Gandhi is an Indian
politician, animal right activist, and
environmentalist.
• She has earned international awards and
acclaim.
• She was appointed chairwoman of the
Committee for the Purpose of Control
and Supervision of Experiments on
Animals (CPCSEA) in 1995. Under her
direction, CPCSEA members carried
unannounced inspections of laboratories
where animals are used for scientific
research were conducted.

List of the Disadvantages of Plastics
• Plastics typically come from non-renewable resources.
• The majority of the pollution found in the world's oceans is plastic.
• Plastic pollution can lead to several economic losses.
• We cannot infinitely recycle plastic products.
• We must spend energy to clean plastics to recycle items.
• Approximately 9,200 tonnes of plastic waste is generated in India per
day.
• Over 34 lakh tonnes of plastic waste was generated in the financial year
2019-2020.

ZERO WASTE WEDDING OR ECO FRIENDLY WEDDING

FACTS ABOUT ENVIRONMENT
• Rainforests are being cut down at a rate of 100 acres per minute.
• A glass bottle can take 4,000 years to decompose.
• The United States is the No. 1 trash-producing country in the world.
• Around 25,000 trees are cut down each day just to produce toilet paper.
• About five million tons of oil produced in the world end up in oceans every
year.

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