Constitutional Dimensions of Environmental Justice Administration in India: An Analysis

Overview & Synopsis

The environmental protection laws and the Constitution of India have developed significantly over the decades as per national and international needs. As the need of the protection and preservation of the environment has been a gradual process, the constitutional frameworks in relation of environmental protection also shaped through a series of amendments, judicial interpretations, and policy initiatives in light of international as well as national developments. The primary objective of providing a constitutional mandate for environmental protection was to ensure the preservation of natural resources and ecological balance, with time which had become an issue of serious concern. Although notions of environmental preservation can be traced back to ancient Indian traditions but constitutional and legal measures gained prominence only in the latter half of the twentieth century but came in full-swing after Stockholm Conference which took place in 1972 and two key provisions Article 48A in part IV and Article 51A(g) in Part IV ‘A’ were incorporated in the Constitution by the 42nd Amendment Act ,1976 where the Indian Constitution obligates the “State through DPSPs” as well as “Citizens through FDs” to “Protect and Promote” the environment. This constitutional recognition elevated environmental protection from a mere policy concern to a fundamental constitutional duty, forming the basis of modern environmental jurisprudence in India. In this scenario this paper attempts to critically examine the administration of environmental justice under the Constitution of India, emphasizing its evolution through constitutional amendments particularly the 42nd Amendment and judicial transformative interpretation of various Articles of the constitution highlighting the role and responsibilities of the State, citizens, and judiciary in safeguarding the environment.