Introduction – Meaning, Scope and Constitutional Importance
The protection of the environment in India is deeply intertwined with the framework of Fundamental Rights under the Constitution of India. Although the Constitution does not expressly mention an independent fundamental right to environment, judicial interpretation—particularly by the Supreme Court—has expanded the scope of Fundamental Rights to include environmental protection as an essential component of human dignity and quality of life. Environmental degradation directly affects health, livelihood, and survival, making its protection a constitutional necessity rather than a policy choice.
The evolution of environmental jurisprudence through Fundamental Rights has transformed environmental protection from a mere statutory concern into an enforceable constitutional obligation. This shift has empowered citizens to directly approach constitutional courts for redressal of environmental harm and has placed a corresponding duty upon the State to ensure a clean, safe, and healthy environment.
Article 21 and the Right to a Healthy Environment
Article 21, which guarantees the right to life and personal liberty, has become the cornerstone of environmental protection in India. The Supreme Court has consistently held that the right to life does not mean mere animal existence but includes the right to live with human dignity, health, and well-being. Environmental quality is an inseparable element of this right.
In Subhash Kumar v. State of Bihar (1991), the Court explicitly recognized that the right to life includes the right to enjoy pollution-free air and water. This interpretation laid the foundation for a series of judgments where environmental degradation was treated as a direct violation of Article 21. Subsequently, in Virender Gaur v. State of Haryana (1995), the Court emphasized that ecological balance and sanitation are integral to the right to life. These decisions firmly established environmental protection as a justiciable fundamental right.
Article 14 and Environmental Equality
Article 14, which guarantees equality before the law and equal protection of laws, plays an important role in environmental governance. Arbitrary or discriminatory actions by the State in granting environmental clearances, licensing polluting industries, or selectively enforcing environmental laws can be challenged as violations of Article 14.
The Supreme Court has applied Article 14 to ensure fairness and non-arbitrariness in environmental decision-making, particularly in matters involving industrial siting and resource allocation. Unequal treatment that exposes certain communities to higher environmental risks without reasonable justification has been viewed as constitutionally impermissible.
Also Read: Introduction to Environmental Law
Article 19 and Environmental Restrictions
The freedoms guaranteed under Article 19(1)(g), Profesion to trade or business, are subject to reasonable restrictions in the interest of the general public under Article 19(6). Environmental protection has been recognized as a valid ground for imposing such restrictions.
In M.C. Mehta v. Union of India (Taj Trapezium Case, 1997), restrictions were imposed on industrial activities around the Taj Mahal to prevent environmental damage, even though they affected business operations. The Court held that economic interests must yield to environmental and public health considerations. This judgment demonstrates how Fundamental Rights are balanced with environmental imperatives.
Article 32 and Article 226: Enforcement of Environmental Rights
The enforcement mechanism of Fundamental Rights has been crucial in the development of environmental jurisprudence. Article 32 enables individuals to directly approach the Supreme Court, while Article 226 empowers High Courts to issue writs for the protection of Fundamental Rights and other legal rights.
Public Interest Litigation (PIL) has played a transformative role in environmental protection. Courts have relaxed the traditional rules of locus standi, allowing public-spirited individuals and organizations to seek remedies on behalf of affected communities. This approach was affirmed in several environmental PILs, particularly those initiated by M.C. Mehta, which significantly expanded environmental accountability.
Directive Principles and Fundamental Duties: Harmonious Interpretation
Although not enforceable, Article 48A of the Directive Principles directs the State to protect and improve the environment and safeguard forests and wildlife. Complementing this, Article 51A(g) imposes a fundamental duty on every citizen to protect and improve the natural environment.
The Supreme Court has repeatedly held that Fundamental Rights must be interpreted in light of Directive Principles and Fundamental Duties. This harmonious construction strengthens environmental protection by imposing obligations on both the State and citizens while expanding the scope of Fundamental Rights.
Important Case Laws
Environmental jurisprudence under Fundamental Rights has been shaped by landmark judgments. In M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1987), the Supreme Court introduced the doctrine of absolute liability and emphasized the State’s responsibility to protect life under Article 21. In Vellore Citizens Welfare Forum v. Union of India (1996), the Court incorporated international environmental principles into domestic law and linked them to constitutional rights.
In Indian Council for Enviro-Legal Action v. Union of India (1996), the Court enforced the polluter pays principle and directed polluting industries to compensate affected communities. These decisions illustrate how Fundamental Rights serve as a powerful tool for environmental protection.
Recent Judicial and Policy Developments
Recent years have seen courts actively scrutinizing environmental clearances, infrastructure projects, and industrial activities for compliance with constitutional environmental standards. The increasing role of the National Green Tribunal complements constitutional remedies by providing specialized adjudication, though Fundamental Rights jurisdiction continues to remain central in cases involving serious environmental violations.
Mind Map – Text-Based Summary
Fundamental Rights & Environment
│
├── Article 21 – Right to Healthy Environment
├── Article 14 – Non-arbitrariness in Environmental Decisions
├── Article 19 – Reasonable Restrictions for Ecology
├── Articles 32 & 226 – PIL & Enforcement
├── Article 48A – State’s Environmental Duty
└── Article 51A(g) – Citizen’s Environmental Duty
Situation-Based Questions and Answers
If a State permits a hazardous industry near a residential area without proper safeguards, affected residents may challenge the decision under Article 21 for violation of their right to life and health. If environmental laws are selectively enforced against small industries while large polluters are ignored, such action can be challenged under Article 14 for arbitrariness. In cases where industries claim business freedom, courts may still impose restrictions under Article 19(6) to protect the environment.
