Indian constitutional Approach on Environmental Protection

Abstract

Protection of environment is a part of our cultural values and traditions; moreover healthy environment acts as the essential element of welfare state. Environmental pollution has emerged as one of the biggest social problems affecting the society with long term consequences. Our country is now under an obligation to fulfill the basic aim of socialism, that provide garbed standard of living to all which can be possible from a pollution free environment. According to the preamble of our Constitution, the country is based on “Socialistic” pattern of society, where the country plays more attention to the social problems. Initially, the Constitution of India had no direct provision for environmental protection. While global consciousness for the protection of environment in the 70‟s, Stockholm Conference and increasing awareness of the environmental crisis prompted the Indian Government to enact 42nd Amendment to the Constitution in 1976. The Environment (Protection) Act, 1986 defines environment as “Environment includes water, air and land and the interrelationship which exists among and between air, water and land and human beings, other living creatures, plants, microorganism and property”. Presently, the fundamental duties of the Indian Constitution (Articles 14, 19, 21, 48A, 49A and 51A) clearly impose on every citizen to protect environment. The knowledge of constitutional provisions regarding environmental protection is need of the day to bring greater public participation and environmental awareness that sensitize the people to preserve ecosystem and environment. As a result of the Constitutional approach, Panchayats have been empowered to take measures such as soil conservation, water management, afforestation, biodiversity conservation, pollution control and promotion of ecological aspect at local area level. Though, our country now seriously strives for the remarkable sustainable development and maintenance of ecological balance in virtue of natural resources and environment degradation due to increasing population and urbanization.