A Critical Analysis of the Constitutional Mandate of Environmental Protection: Affirming Environmental Sustainability in India

The Indian commitment of bringing appropriate measures for environmental protection after Stockholm Conference, 1972 is performed through the 42nd Constitutional Amendment Act, 1976 whereby Article 48-A and Part IV-A (Fundamental Duties) were introduced mentioning environment directly under the Constitution of India. However, even before this amendment the notion of environmental protection was very much embedded in the Indian Constitution indirectly. It was recognized through the notion of being a social welfare state. The Supreme Court of India, through various landmark judgments clarified that the environmental protection is existing within the ambit of various protections afforded through fundamental rights, more specifically the right to life, right to equality, freedom of expression and speech etc. Further, the Supreme Court held on many occasion that it is imperative on State to bring such measure through its policy so that the environmental protection could be achieved as per the mandate provided under the Directive Principle of State Policy. However, after the amendment things has been mentioned more clearly and even fundamental duties in this regard has been imposed on the citizen as well. This article will analyse some of the important judgments through which the Supreme Court of India explores the obligation of environmental protection implicit within the Constitution of India and pronounced various measures for the protection, preservation and restoration of environment so that India could progress in the direction of achieving the global goal of environmental sustainability.