When we talk about environmental protection under the Indian Constitution, Article 21, the Right to Life often steals the spotlight. Over the years, the judiciary has interpreted this Article to include the right to a clean and healthy environment. But is that all our Constitution offers when it comes to sustainable development?
As a law student, I believe it’s important to look beyond Article 21. Sustainable development, which means “meeting present needs without compromising the future,” is not upheld by a single article alone. The Indian Constitution provides a much broader framework that promotes environmental justice and sustainability.
From the Directive Principles of State Policy to the Fundamental Duties and judicial interpretations, there is a big idea or policy term, which is a part of our Constitution!
Along with being a law student, I am also a researcher at Niswarth-The Selfless, So I truly believe that sustainable development is not just a big idea or policy term, but it’s a part of our Constitution. And it’s not only the job of the government. We, as citizens, also have a duty to protect nature because laws alone can’t save the planet; our actions can!
Let’s break down these constitutional supports in a simple and relatable way:
Directive Principles of State Policy (DPSPs – Part IV of the Indian Constitution)
These are basically guiding principles for the government to create policies, and some of them speak directly to environmental protection.
1)Article 48A:
“The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
This article was added by the 42nd Amendment and clearly shows that environmental protection is not optional, but it’s a constitutional goal.
2)Articles 39(e) & 39(f):
Focus on safeguarding the health and strength of workers and ensuring a safe environment for children.
These indirectly support sustainable living along with health-based development.
3)Article 47:
Directs the State to improve public health, which again connects back to clean air, safe water, and pollution-free surroundings.
Fundamental Duties (Part IV-A – Article 51A(g) of Indian constitution)
Now here’s the part where you and I come in!
1)Article 51A(g):
“It shall be the duty of every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.”
In simple words: It’s not just the government’s job, it’s ours too!!
Whether it’s reducing plastic use, saving water, planting trees, or simply raising awareness, each of us has a constitutional responsibility to act. And in my opinion, true sustainable development will only happen when laws and citizen efforts go hand in hand.
Last but not least, Role of Judiciary and PILs: Giving Life to These Provisions
Over the years, the Indian judiciary has breathed life into these constitutional provisions, often stepping in when the executive failed, which is called “judicial activism” because the Judiciary is the guardian of our constitution.
Case law: Mahendra Singh vs State of Haryana (2021)
This case is a strong reminder that environmental protection is not just a legal formality;it’s a part of our fundamental rights. In Mahendra Singh vs State of Haryana, the National Green Tribunal (NGT) dealt with serious air pollution caused by brick kilns and stone crushers in Mahendragarh district. The Tribunal noted that these operations were running beyond the area’s environmental carrying capacity, which led to harmful pollution levels.
The NGT clearly stated that the right to clean air falls under Article 21, which guarantees the right to life. It emphasized that business activities cannot be allowed at the expense of public health. Referring to the principle of sustainable development and the precautionary principle, the Tribunal directed the closure of polluting units that failed to meet environmental standards. It also stressed that authorities must study the health effects on the local population and take necessary action, especially to protect vulnerable groups like children, the elderly, and low-income communities.
This case shows how constitutional values and environmental laws work together to uphold not just the environment, but also human dignity and well-being.
Likewise, in Vellore Citizens Welfare Forum v. Union of India (1996) case
The Supreme Court emphasized that environmental protection must go hand-in-hand with development. It brought two key principles into Indian law
• the Precautionary Principle
• Polluter Pays Principle
making it clear that industries must avoid environmental harm and take full responsibility if damage occurs.
While in the Subhash Kumar v. State of Bihar (1991) case, the Court ruled that access to clean air and safe drinking water is not a luxury but a basic right under Article 21 of the Constitution. This decision played a crucial role in shaping environmental rights as part of the right to life in India.
Looking at these judgments and constitutional provisions, it’s clear that the judiciary plays a vital role in reinforcing the environmental framework of our Constitution. Through landmark decisions, the courts have expanded the meaning of the right to life under Article 21 to include the right to a clean and healthy environment. This not only protects individual rights but also strengthens the broader idea of sustainability in law.
Provisions like Article 48A, 39(e) & (f), and 47 also clearly link our Constitution with sustainable development. However, these important clauses often go unnoticed by the general public, simply because they are not widely talked about. Many people may not even know that the Constitution directly supports environmental protection beyond just Article 21.
That’s why I believe it’s essential to highlight these hidden yet powerful constitutional supports. They reflect how sustainability is not just a modern concern, but something that has long been embedded in our legal system.
While the government and courts have taken important steps, the responsibility doesn’t end there. Under Article 51A(g) of the Constitution (Part IV-A), every citizen has a fundamental duty to protect and improve the environment. This makes each of us legally and ethically accountable.
We can’t expect change if we only depend on the government. Like the saying goes, one hand cannot clap alone. Real environmental progress happens when both citizens and the State work together. By staying aware, acting responsibly, and contributing in our own ways, we can help build a more sustainable and secure future for everyone.
– Aisha Akhtar (Law Scholar)
