CONSTITUTIONAL LAW AND ENVIRONMENTAL LAW

Any discussion on the development of environmental laws and growth of environmental litigation
in India must necessarily begin with an examination of Article 21 of the Indian Constitution.

So, the right to life which is guaranteed in Article 21 is fundamental to the environmental litigation.

Article 21 has been one single article which, by interpretation, has been expanded to progressively
deduce a whole lot of human rights from it, such as, right to means of livelihood, right to dignity
and privacy, right to health and pollution-free environment, right to education, right to legal aid
and speedy trial, etc.

The right to life has been held to include right to go abroad, right to have protection against solitary
confinement, the right of an indigent person to have legal aid, the right to speedy trial, the right
against handcuffing, the right against custodial violence, the right against public privacy, to
development of urban areas, to fresh water or air, to protection against environmental degradation,
to food and clothing and shelter, to health, to education, and even a right to roads in hilly regions,
the right to conservation of the physical environment and protection against import of injurious
insecticides.

Preservation of environment is not considered as fundamental obligation of the state where Article
48 of DPSP is not enforceable in a court of law. However, in number of cases, the courts have held
that Article 48A casts a duty on the state to protect and improve the environment.

In TN Godavarman Thirumalpad Vs Union of India,(AIR 2003 SC 724),

The Supreme Court clear that:

“The Constitution has laid the foundation of Articles 48A and 51A for a jurisprudence of
environmental protection. Today, the State and the citizen are under a fundamental obligation to
protect and improve the environment, including forests, lakes, rivers, wildlife and to have
compassion for living creatures.”

Prof. Michael Von Hauff of the Institute for Economics and Economic Policy, University of
Kaiserlantern, Germany in his article “The Contribution of Environmental Management Systems
to Sustainable Development: Relevance of the Environmental Management and Audit Scheme” –
it remarkable that India is the first country in the world to enshrine environmental protection as a
state goal in its Constitution.”

Article 48A + Article 51(g) + Article 21 = Jurisprudence of Environmental Protection

CASES WHICH LAID RIGHT TO LIFE INCLUDES RIGHT TO HEALTHY

ENVIRONMENT
Subhash Kumar Vs State of Bihar (AIR 1991 SC 420) – Court held that a slow, steady and
subtle method of extinguishment via severe pollution was violative of the right to life.

Virender Gaur Vs State of Haryana – the Supreme Court reiterated that Article 21 includes a
right to a clean environment.

Court invoked two of the UN Proclamations in two substantial environmental cases –

M.C. Mehta Vs Union of India UN Stockholm Conference on Human Environment

Law Society of India Vs Fertilizers and Chemicals, Travancore – Court relied on a UN

Resolution, 1984 holding that an environment adequate for health and well-being was a
fundamental right to reiterate that the right to a wholesome environment was implicit in Article
21.

Vellore Citizens Welfare Forum Vs Union of India, (AIR 1996 SC 2715) and Rural Litigation
and Environment Kendra Vs State of Uttar Pradesh, (AIR 1985 SC 652) – SC after considering
various provisions includes Article 47, 48-A, 51-A(g) and came to a conclusion that it is the duty
of the State to protect and preserve the environment under the ambit of Article 21.

Subhash Kumar Vs State of Bihar (AIR 1991 SC 420)

S.P.Gupta Vs President of India and Ors., AIR 1982 SC 149

Bandhua Mukti Morcha Vs Union of India & Others, AIR 1984 SC 802

Conclusion

1980 – remarkable year which observes the substantial growth in the case law on environment.

1987 – Apex Court delivered 13 judgments on the issues relating to environment.