Article 21: Right to Life and Personal Liberty

Judicial interpretation of Article 21 to include right to a clean environment

Article 21 of the Constitution of India guarantees the fundamental right to life and personal liberty. Over the years, the Indian judiciary has interpreted this Article broadly and progressively to include the right to live in a clean, healthy, and pollution-free environment.

This interpretation has been critical in the emergence of environmental jurisprudence in India, giving environmental protection the status of a fundamental right.

Landmark Cases: Rural Litigation and Entitlement Kendra v. State of U.P. (Dehradun valley case), Subhash Kumar v. State of Bihar

1. Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh: In this case, the Supreme Court ordered the closure of limestone quarries in the Dehradun valley, stating that environmental degradation affects the right to life under Article 21.

2. Subhash Kumar v. State of Bihar: The Supreme Court held that the right to live includes the right to the enjoyment of pollution-free water and air. A citizen has a right to move the court for the enforcement of this right.

Article 48A: Protection and Improvement of Environment and Safeguarding of Forests and Wildlife

Directive Principle of State Policy

Article 48A was added to the Constitution by the 42nd Amendment in 1976 and is a Directive Principle of State Policy (DPSP). It provides that the State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.

State's duty to protect and improve environment

Though DPSPs are not justiciable, they are fundamental to the governance of the country and serve as a guiding principle for policymaking. Article 48A places an obligation on the State to take proactive measures for ecological preservation, afforestation, and wildlife protection.

Article 51A(g): Fundamental Duty

Duty of every citizen to protect and improve the natural environment

Article 51A(g) of the Constitution imposes a Fundamental Duty on 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 provision reflects the collective responsibility of individuals in environmental conservation. While fundamental duties are not enforceable in courts, they are morally binding and support the State’s environmental protection initiatives.

Courts have often invoked this provision to encourage public participation and environmental consciousness in litigation and policy implementation.

Public Interest Litigation (PIL) in Environmental Matters

Role of the Supreme Court and High Courts

The Indian judiciary, particularly the Supreme Court and various High Courts, has played a crucial role in protecting the environment through the instrument of Public Interest Litigation (PIL). Through judicial activism, the courts have stepped in where executive agencies have failed to implement environmental laws effectively.

Cases have been filed by concerned citizens, environmental activists, and NGOs seeking remedies for pollution, deforestation, industrial hazards, and ecological degradation. The judiciary has issued various directions to enforce environmental regulations and ensure compliance with the law.

Courts have established monitoring committees, directed environmental impact assessments, and even ordered the closure or relocation of polluting industries.

Broadening the scope of locus standi

One of the hallmarks of judicial activism in India is the liberal interpretation of locus standi (the right to approach the court). Traditionally, only an aggrieved party could file a case, but the Indian judiciary expanded this scope to allow any public-spirited individual or group to file a PIL on behalf of those who cannot approach the court themselves.

This broadening has enabled the inclusion of environmental rights as human rights and empowered citizens to demand environmental accountability from the State and private entities.

Evolution of Environmental Jurisprudence

Establishing polluter pays principle, precautionary principle, sustainable development principle

The Indian judiciary has laid down several fundamental principles that form the foundation of environmental jurisprudence in the country:

• Polluter Pays Principle: The person or entity responsible for environmental degradation must bear the cost of remedial measures. This was recognized in the case of Indian Council for Enviro-Legal Action v. Union of India.
• Precautionary Principle: If an action or policy has the potential to cause harm to the environment or public health, preventive steps should be taken even if there is no conclusive scientific proof. This was highlighted in the case of Vellore Citizens Welfare Forum v. Union of India.
• Sustainable Development: Development must meet present needs without compromising the ability of future generations to meet their own needs. This balancing act is emphasized in several decisions including Narmada Bachao Andolan v. Union of India.

These principles have now become an integral part of Indian environmental governance and are frequently cited in court rulings to ensure a holistic approach to environmental justice.