Maarg Manthan · Topic 17.1

Constitutional Provisions Related to Environment

Environment & Ecology › Environmental Acts, Policies and EIA · Topic 17.1

The original Constitution of India did not mention the environment, but the 42nd Amendment of 1976 added two key provisions. Article 48A, a Directive Principle of State Policy, says the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. Article 51A(g), a Fundamental Duty, says 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. The same amendment moved forests and the protection of wild animals and birds from the State List to the Concurrent List (entries 17A and 17B). Courts have read the environment into the Fundamental Rights: Article 21, the right to life and personal liberty, has been held to include the right to a clean and healthy environment, in cases such as Subhash Kumar v State of Bihar (1991) and M C Mehta cases. Article 253 lets Parliament make laws to implement international treaties, which is the basis of the Environment (Protection) Act, 1986. The 73rd and 74th Amendments give panchayats and municipalities roles in environmental matters, and Articles 32 and 226 allow writ petitions and public interest litigation.

5 min read · UPSC Prelims · Environment & Ecology · Environmental Acts, Policies and EIA

At a Glance

DPSP Article 48A
Duty Article 51A(g)
Right Article 21
Treaty power Article 253
Added by 42nd Amendment, 1976
Exam link UPSC Prelims, Environment & Ecology: Environmental Acts, Policies and EIA

Where Does It Fit?

This is the first topic of the macro on environmental acts, policies and EIA. The constitutional base explains the laws and tribunals covered in the following topics. Previous topic: Carbon Credit and Carbon Tax. Next topic: Wildlife (Protection) Act, 1972.

Which Constitutional Provisions Relate to the Environment?

Provision	Content
Article 48A (DPSP)	State shall endeavour to protect and improve the environment and safeguard forests and wildlife; inserted by the 42nd Amendment, 1976
Article 51A(g) (Fundamental Duty)	Duty of every citizen to protect and improve the natural environment and have compassion for living creatures
Article 21	Right to life includes the right to a wholesome environment, as interpreted by the Supreme Court
Article 14 and 19(1)(g)	Equality and freedom of trade; subject to reasonable restrictions for environmental protection
Article 32 and 226	Writ jurisdiction of the Supreme Court and High Courts used for PIL on environmental matters
Article 253	Parliament can legislate to implement international treaties and decisions
Seventh Schedule	Forests and wild animals and birds in the Concurrent List (17A and 17B); water, health and agriculture in the State List; industries, mines and atomic energy with the Union

How Have Courts and Local Bodies Used These Provisions?

Rural Litigation and Entitlement Kendra (1985): the Dehradun quarrying case, an early order closing limestone quarries for environmental reasons
M C Mehta cases: Ganga pollution, Taj Mahal, Delhi air and vehicle pollution, and absolute liability for hazardous industry
Subhash Kumar (1991): right to pollution-free water and air is part of Article 21
Vellore Citizens Welfare Forum (1996): adopted sustainable development, the precautionary principle and the polluter pays principle
Public trust doctrine: State holds natural resources in trust for the public (M C Mehta v Kamal Nath, 1997)
Eleventh Schedule: social forestry, minor forest produce, water management and drinking water for panchayats
Twelfth Schedule: protection of the environment and promotion of ecological aspects for municipalities
NGT: Article 21 mandates special environmental justice, so Parliament set up a tribunal

What Else Should You Remember?

Original Constitution: no environmental article, as the environment was not a major concern in 1950
Stockholm 1972: influenced the 42nd Amendment passed four years later
Swaran Singh Committee: its recommendations led to the 42nd Amendment, which added Fundamental Duties
Concurrent List: both the Centre and states can make laws on forests and wild animals, but Union law prevails in a conflict
Entry 17A: Forests
Entry 17B: Protection of wild animals and birds
Entry 20: Economic and social planning
State List: public health and sanitation (entry 6), agriculture (14), water (17) and land (18) are state subjects
Union List: industries under central control (52), atomic energy (6), regulation of mines and minerals (54), inter-state rivers (56)
Article 39(b): distribution of material resources of the community for the common good
Article 47: raising nutrition and public health, including improvement of public health
Article 243G and 243W: powers of panchayats and municipalities for economic development and social justice
Article 246: distribution of legislative powers between Parliament and states
Right to clean environment: the Supreme Court has recognised it as part of the right to life
Right to sleep and noise: the Court has said peaceful sleep is part of the right to life (2005 noise case)
Intergenerational equity: a principle that present generations must protect resources for the future
Precautionary principle: lack of full scientific certainty is no reason to delay preventing harm
Polluter pays: the polluter must pay for damage and clean-up
Absolute liability: the Oleum gas leak case of 1986 made hazardous industries absolutely liable
Sustainable development: balances development and ecology, upheld in many judgments
Link to previous: see Carbon Credit and Carbon Tax
Link to next: see Wildlife (Protection) Act, 1972
Link to EPA: see Environment (Protection) Act, 1986
Caution: case years and holdings should be quoted carefully; check judgments for precise wording
Exam hint: learn the articles with numbers and the four key principles from judgments

Why Does It Matter for the Exam?

DPSP: 48A
Duty: 51A(g)
Right: 21
Current affairs link: PIL and NGT orders
Common errors: calling Article 48A a fundamental right

As an analytical point, the Constitution did not originally mention the environment, but amendment and judicial activism have made environmental protection part of the right to life. The result is a strong court-led jurisprudence that sometimes runs ahead of the executive.

Why Is This Topic Important?

Policy 48A
Duty 51A(g)
Right 21

What Came Next?

The next topic covers the Wildlife (Protection) Act, 1972. Next topic: Wildlife (Protection) Act, 1972.

Key People and Terms

DPSP Directive Principle
Fundamental Duty Citizen duty
PIL Public interest litigation
Polluter pays Cost on polluter
Precautionary principle Prevent despite uncertainty
Public trust State holds resources for people

Exam Corner

Points to Remember

Article 48A: State duty.
Article 51A(g): citizen duty.
Article 21: clean environment.
Added in 1976.
Forests moved to the Concurrent List.

Do Not Confuse With

Article 48A and 51A(g) State directive versus citizen duty
DPSP and Fundamental Right Non-justiciable versus enforceable
Entry 17A and 17B Forests versus wild animals and birds

Memory Hook

Forty-eight A for the State, fifty-one A g for us, twenty-one gives the right.

Mains Angle

Questions ask for article numbers and principles. These points help.

Provisions Articles
Courts Principles
Local Schedules

A Question You May Face

An original practice question, not a past paper question.

“Discuss the constitutional provisions relating to the environment and the role of the judiciary in developing environmental jurisprudence.”

How to Answer

Provisions 48A, 51A(g).
Right Article 21.
Cases Principles.
Local Schedules.

GS Relevance

Prelims: articles and cases. GS Paper 2 and 3: constitutional provisions and environment.

Frequently Asked Questions

Which Articles of the Constitution deal with the environment?

Article 48A, added in 1976, directs the State to protect and improve the environment and safeguard forests and wildlife. Article 51A(g) makes it a Fundamental Duty of citizens to protect and improve the natural environment. Article 21 has been interpreted to include the right to a clean environment, and Article 253 lets Parliament implement international environmental treaties.

What did the 42nd Amendment do for the environment?

The 42nd Amendment of 1976 inserted Article 48A as a Directive Principle and Article 51A(g) as a Fundamental Duty, and shifted forests and the protection of wild animals and birds from the State List to the Concurrent List. This allowed the Centre to make laws such as the Forest Conservation Act, 1980 and gave environmental protection a constitutional footing.

How is the right to a clean environment part of Article 21?

Through judgments such as Subhash Kumar v State of Bihar (1991), the Supreme Court held that the right to life includes the right to enjoy pollution-free water and air for full enjoyment of life. Later cases extended this to a healthy environment, sustainable development and peaceful sleep, giving citizens a way to approach courts.

What environmental principles did the Supreme Court adopt?

The Court adopted sustainable development, the precautionary principle and the polluter pays principle in Vellore Citizens Welfare Forum (1996), the public trust doctrine in M C Mehta v Kamal Nath (1997), absolute liability for hazardous industries in the Oleum gas leak case (1986), and intergenerational equity in several cases.

What roles do panchayats and municipalities have in the environment?

The Eleventh Schedule, added by the 73rd Amendment, lists subjects such as social forestry, minor forest produce, water management and drinking water for panchayats. The Twelfth Schedule, added by the 74th Amendment, lists protection of the environment and promotion of ecological aspects as a function of municipalities.

PYQ Practice — Statement Analysis

1 Article 48A was added by the 42nd Amendment.

True

In 1976.

2 Article 51A(g) is a Directive Principle.

False

It is a Fundamental Duty.

3 The right to a clean environment is read into Article 21.