Environment is an aspect from which every person derives resources that are essential for him to strive and sustain. This includes everything right from water, food and shelter. Thus, it becomes the obvious measure to protect the environment as well. Living in safe and healthy environment is a human right. For this, the environmental elements; be it water, air, land etc must be sustainable as well as pollution free for it to be safe resource. 

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Initially, the Constitution of India had no direct provision for environmental protection. The absence of a specific provision in the Constitution recognizing the fundamental right to clean and wholesome environment has been compensated by judicial activism. Stockholm Conference and impending need to address the increasing environmental crisis issues compelled the Indian Government to enact 42nd Amendment to the Constitution in 1976. The Constitution was amended to introduce direct provisions for protection of environment. 

Article 14 and Environmental protection

Article 14, perhaps one of the most important fundamental rights, of the constitution guarantees equality before law and equal protection of law. The concept of equal protection impliedly casts an obligation on the state to bring about fair measures for the protection of environment which would in turn protect the persons. 

Article 21 and Environmental protection

Article 21 of the Indian Constitution is a fundamental right guaranteeing ‘Right to life and Liberty’. According to Article 21, No person shall be deprived of his life or personal liberty except in accordance with the procedures established by law. Here Right to life essentially includes right to live a dignified life, otherwise it would render the concept pointless. The right to live in a healthy environment as part of Article 21 of the Constitution was first recognized in the case of Rural Litigation and Entitlement Kendra vs. State, AIR 1988 SC 2187.  In the case of L.K Koolwal v. State of Rajasthan and Ors., It was held by the High Court of Rajasthan that maintenance of sanitation, health and quality of Environment is covered under Article 21 of the constitution. 

Article 19 and Environmental protection

The citizens of India have the fundamental right to carry on any profession or business, trade or commerce at any place within the territory of India. This of course, is subject to some limitations. One such important limitations being not carrying out business activities, trade or profession causing any harm to the environment. Thus, through this exception to the fundamental right, the constitution of India takes steps to protect the persons from environment pollution and hazards.

Article 32 and Article 226 and Environmental protection

These provisions are one of the most important ones bringing the citizens constitutional remedies by filing of writ petition for causes including environmental protection directly before the Supreme Court of India and High Courts as well.

Article 253 and Environmental protection

Parliament under the constitution is conferred the power to enter into agreements, treaties, conventions with any other country. This provision facilitates the government or the state to take actions, in unison with other countries and bodies for environmental protection. 

42nd Amendment. 

Prior to the said amendment to constitution of India, the responsibility related to taking active measures for environmental protection was more or less imposed on the State only. With the enactment of the amendment, there are fundamental duties cast on the citizens enjoying the fundamental rights as well. Now, citizens are enjoying the right to have the safe and healthy environment and at the same time responsible to not undertake any activity that can hamper the same environment. So, in a way, the rights and duties co-exist. 

The constitutional amendment introduced fundamental duties (Part IV-A) under of citizens among which was "to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures." (Article 51 A(g)). This 42nd Amendment added Article 48-A to the Directive Principles of State Policy. The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country.

Further, in the case of Sitaram Champaran V. State of Bihar, a PIL was filed before the High Court who were seeking directions from the court for closure of a tyre plant which emitting carbon dioxide and other obnoxious gases posing severe threat to the environmental health, specifically, the surrounding residential areas. The court. In the interest of environmental protection under Article 51 A(g), directed the respondents to wind up the plant.

Thus, Constitution of India has signified importance to safeguarding, preservation and protection of a safe, healthy and sustainable environment.