Critical Analysis of Right to Pollution Free Environment Under Article 21 of the Constitution

Abstract

The Indian Constitution is one of the few in the globe with the particular environmental protection clauses. The Fundamental Rights and Directive Principle of State Policy explicitly govern the domestic dedication to defend and improve the environment. In articulating these measures, the Indian judiciary has created a doctrinal web to safeguard human rights and to promote the cause of environmental justice and remind people of their basic obligation for the preservation of the environment by taking shelter in fundamental rights and fundamental duties as mentioned in the Constitution of the Republic of India. This present paper attempts to evaluate the constitutional regulations on environmental protection and the Indian judiciary's notable role in interpreting these provisions for environmental justice in India. This idea of provision of the Right to Healthy Environment was not included when the Constitution was drafted and approved by the Constituent Assembly. For instance, the topics in the state list on which the state can create regulations are government health, hygiene, agriculture, soil, water, and fisheries. The Union List includes items such as nuclear energy, oil fields and resources, interstate rivers and valleys, and fisheries for which only Parliament has the power to make laws. The Preamble to the Constitution clearly shows that socio-economic justice is the foundation of the Constitution.