These are frequently asked questions on constitutional provisions under Article 51A, 48A, 243, etc.

Type – II: Write Short Notes on the following (3 M / 4 M / 5 M)

a) 42nd Amendment of the Constitution of India Relating to Environment Protection OR Importance of Article 48 A and Article 51A(g) in Environment Protection:

Forty-Second Amendment Act, 1976 added a new part IV-A to the Constitution dealing with “Fundamental Duties of Citizen” in the Constitution of India. Article 48A comes under Directive Principles. Article 48A imposes a duty on State to protect the environment from pollution by adopting various measures. Article 51A (g) specially deals with fundamental duty with respect to the environment it says that: “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”. The fundamental duty imposed on every citizen is not only to “protect” the environment from any kind of pollution but also to “improve” the environment quality if it has been polluted. So, it is the duty of every citizen to preserve the environment in the same way as nature has gifted it to all of us. Article 51A(g) also focuses on showing compassion for living creatures. This article is similar to Article 48A, but the only difference is that it concentrates on fundamental duty of citizens whereas Article 48A instructs the state to perform their duties and protect environment.

In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, AIR 1987 SC 359 (Quarry case) Justice R.N. Mishra opined that “preservation of the environment and keeping the ecological balance unaffected is a task which not only the government but also every citizen must undertake. It is a social obligation and let us remind every Indian citizen that it is his fundamental duty as enshrined in Article 51-A(g) of the Constitution”.

In M. C. Mehta v. State of Orissa, AIR 1992 Ori 225 case, The Court held that it is the duty of every citizen to see that rights which he has acquired under the constitution are fulfilled.

b) Public Interest Litigation and Environment Protection OR Judicial Activism and Environment Protection:

Public interest Litigation (PIL), means, litigation filed in a court of law, for the protection of “Public Interest”, such as pollution, Terrorism, Road safety, constructional hazards, etc. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism in case of the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon. The court can itself take cognizance of the matter and precede suo motu or cases can commence on the petition of any public-spirited individual.

Articles 32 and 226 of the Constitution that give power to any citizen to move the Supreme Court or High Courts wherever there is an infringement of a fundamental right. There are some various areas where a public interest litigation can be filed.

1. Violation of basic human rights of the poor.
2. Content or conduct of government policy.
3. Compel municipal authorities to perform a public duty.
4. Violation of religious rights or other basic fundamental rights.

A very prominent PIL activist in India is, Mr. M.C. Mehta: a lawyer by profession and a committed environmentalist by choice. From the scores of PILs he filed, it seems his mission in life was to protect the environment. He has single-handedly obtained about 40 landmark judgements and numerous orders from the Supreme Court against environmental offenders.

In M. C. Mehta v. Union of India (Shriram Food & Fertilizer), (1986) 2 SCC 176 case the Public Interest Litigation was filed, the Court held that the company manufacturing hazardous & lethal chemical and gases pose danger to life and health of workmen & directed them to take all necessary safety measures before re-opening the plant.

In M.C Mehta V. Union of India (1988) 1 SCC 471, case M. C. Mehta filed a Public Interest Litigation against Ganga water pollution so as to prevent any further pollution of Ganga water. The Supreme Court held that petitioner although not a riparian owner is entitled to move the court for the enforcement of statutory provisions, as he is the person interested in protecting the lives of the people who make use of Ganga water. Under this order, many tanneries in Kanpur and along the bank of rivers were closed or shifted.

c) Constitutional Provisions Related to Environment Protection:

The protect and improve the environment is a constitutional mandate. It is a commitment for a country wedded to the ideas of a welfare State. The Indian Constitution contains specific provisions for environment protection under the chapters of Directive Principles of State Policy and Fundamental Duties. The absence of a specific provision in the Constitution recognizing the fundamental right to clean and wholesome environment has been set off by judicial activism in the recent times.

• Article 21 of the constitution provides for the fundamental right of life. It states that no person shall be deprived of his right to life or personal liberty except in accordance with procedures established by law. The Apex Court has inferred that right to life includes living in a healthy and clean environment.
• Article 14 casts a duty upon the state to be fair while taking actions in regard to environmental protection and thus, cannot infringe article 14. 
• Under Article 19, all the citizens of India have a fundamental right to carry on any profession or business, trade or commerce at any place within the territory of India. But this is not an absolute right It lays down the reasonable restriction to this fundamental right to avoid the environmental hazards.
• The 42nd Amendment added Article 48-A to the Directive Principles of State Policy. Article 48A imposes a duty on State to protect the environment from pollution by adopting various measures.  
• According to Article 49(A) “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
• The 42nd Amendment added new Chapter IV A in the Constitution of Fundamental Duties. Article 51A (g) specially deals with fundamental duty with respect to the environment it says that: “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”. The fundamental duty imposed on every citizen is not only to “protect” the environment from any kind of pollution but also to “improve” the environment quality if it has been polluted.
• Article 253 states that ‘Parliament has power to make any law for the whole or any part of the country for implementing any treaty, agreement or convention with any other country. In simple words this Article suggests that in the wake of Stockholm Conference of 1972, Parliament has the power to legislate on all matters linked to the preservation of natural environment.