Indian Constitution and Environmental Protection

• The constitution of India outlines the protection of the environment.
• The duty of every citizen of India is to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures as per Article 51-A(g).

Constitution and Environmental Protection

• The constitution facilitates the enactment of environmental laws by providing the necessary authority to the legislature.
• Constitutional courts define the principles of environmental law.
• Constitutional and environmental morality are infused into governance.

Inputs of the Indian Constitution

• Preamble
• Division of Legislative authority
• 42nd Constitutional Amendment
• Directive Principles of State Policy
• Fundamental Rights
• Judicial Activism and Public Interest Litigation

Preamble

• The people of India resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC.
• Citizens are secured with justice, liberty, equality and fraternity.

Questions regarding the Preamble

• Consider whether incorporating specific environmental principles into the preamble of the Indian Constitution would impact environmental law and policy.
• Research other constitutions that address environmental concerns in their preambles.

Division of Legislative Authority

• The Indian Federal System shares governmental power between the Union Government and state governments.
• Part XI, Articles 245 to 255 address the Legislative Relations between Centre and States.
• Article 246 divides subject areas between the center and the states.

List I – Union List

• Atomic Energy and Mineral resources necessary for its production
• The central government can enter into treaties and agreements with foreign countries and implement treaties, agreements, and conventions.
• Shipping and navigation into water ways
• Maritime shipping and navigation, including on tidal waters
• Airways, regulation, and organization of air traffic and of aerodromes
• Industries, the control of which by the Union is declared by Parliament to be expedient in the public interest
• Regulation and development of oil fields and mineral resources
• Regulation of development of mines and minerals is under Union control when declared expedient by Parliament
• Regulation and development of interstate rivers and river valleys
• Fishing and fisheries beyond territorial waters

LIST II – State List

• Public health and sanitation, and hospitals and dispensaries
• Burials and burial grounds and cremation grounds
• Agriculture, including agriculture education and research, protection against pests and prevention of plant diseases
• Preservation, protection, and improvement of stock and prevention of animal diseases
• Water supplies, irrigation and canals, and drainage and embankment, plus water storage and water power are subject to entry 56 of List I.
• Land rights, land tenures, landlord and tenant relations, collection of rents, agricultural land transfer, land improvement, and colonization
• Fisheries

LIST III – Concurrent List

• Prevention of cruelty to animals
• Forests
• Protection of wild animals and birds
• Adulteration of foodstuffs and other goods
• Drugs and poisons are subject to entry 59 of List I with respect to opium
• Economic and Social planning
• Population Control and family planning
• Prevention of the extension of infections or pests affecting men, animals, or plants
• Shipping and Navigation on inland waterways regarding mechanically propelled vessels
• Factories
• Boilers
• Archaeological sites and remains of national importance

Important Questions

• The allocation of legislative authority is significant from an environmental viewpoint.
• The word "environment" is not explicitly used, but it is addressed through its components.
• Questions arise over the rationale behind the distribution of legislative authority.
• Questions arise over who would judge and regulate environmental issues.
• Consider whether the existing distribution scheme creates any problems.

Significance of the 42nd Amendment Act of 1976

• The 42nd Amendment Act of 1976 is one of the most significant amendments to the Indian Constitution.
• This act is also known as the "Mini-Constitution" because of the number of amendments made.
• The 42nd amendment revolutionized environmental jurisprudence in India.

Provisions of the 42nd Amendment

• Added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble.
• Forests, and Protection of wild animals and birds, were moved from the State list to the Concurrent list.
• Added Article 51A to the Constitution, consisting of 10 Fundamental Duties.
• Article 48A was added to protect and improve the environment and safeguard forests and wildlife.

Article 253

• Article 253 allows legislation to give effect to international agreements, notwithstanding anything in the Constitution.
• Parliament can make laws to implement any treaty, agreement, or convention with other countries or any decision made at an international conference.
• Entry 13 of the Union List covers participation in international bodies and implementing related decisions.
• Examples of acts related to Entry 13 of the Union List are the Air Act, the Environment Protection Act, Biological Diversity Act and NGT Act.

The Air (Prevention and Control of Pollution) Act, 1981

• An act to provide for the prevention, control, and abatement of air pollution.
• The legislation establishes boards to carry out the purposes above.
• The legislation arose after the United Nations Conference on the Human Environment held in Stockholm in June 1972, in which India participated.

The Environment (Protection) Act, 1986

• The legislation provides for the protection and improvement of the environment.
• This legislation came about after decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June 1972.

Directive Principles of State Policy (DPSP)

• The State should strive to promote the welfare of the people through justice to inform national institutions as per Article 38.
• The State should minimize inequalities in income and eliminate inequalities in status and opportunities.
• State policy should secure an adequate means of livelihood for citizens, equally for men and women, as per Article 39.
• Resources should be distributed to subserve the common good.
• The economic system should not result in wealth concentration
• There should be equal pay for equal work for both men and women.
• The health of workers and the tender age of children should not be abused.
• Citizens should not be in vocations unsuited to their age or strength
• Children should have opportunities and facilities to develop in a healthy manner, freedoms, and dignity

More DPSPs

• The State should raise the level of nutrition, improve the standard of living, and improve public health as per Article 47.
• The State should try to prohibit consumption, of intoxicating drinks and abusive drugs except for medicinal purposes.
• The State should organize agriculture and animal husbandry on modern and scientific lines as per Article 48.
• The State should protect and improve the environment as per Article 48-A.

Even More DPSPs

• The State should endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.
• There is an obligation of the State to protect every monument or place or object of artistic or historic interest, declared by law made by Parliament as nationally important.

Further DPSPs

• The State endeavors to promote international peace and security under Article 51.
• There should be a respect for international law and treaty obligations in dealings among organized peoples
• International disputes should be encouraged to settle by arbitration.

Fundamental Duty

• It is the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures as per Article 51A.