ARTICLE 21

ART 21 & 32
Article 21 of the Indian Constitution guarantees the Right to Life and Personal Liberty, which has
been expansively interpreted by the Supreme Court to include the right to a healthy and pollution-free
environment. This connection between environmental protection and fundamental rights has formed
the foundation of environmental jurisprudence in India.
Right to Life and healthy Environment (Article 21)
• Article 21: Guarantees the fundamental right to life, which includes the right to live in a healthy
environment, free from pollution and environmental degradation.
• Judicial Interpretation: The Supreme Court has expanded Article 21 to include the right to a
pollution-free environment, clean water, and air, as essential for a dignified life.
Key Cases:
1. M.C. Mehta v. Union of India (1987): Recognized the right to live in a pollution-free
environment as part of Article 21.
2. Rural Litigation and Entitlement Kendra v. State of UP (Dehradun Quarrying Case, 1985):
First case to include the right to a healthy environment under Article 21.
3. Subhash Kumar v. State of Bihar (1991): Emphasized the right to clean air and water as part of
the right to life.
Right to Livelihood
• Expansion of Article 21: The scope of Article 21 includes the right to livelihood, protecting
individuals from actions that threaten their livelihood, especially in cases where environmental
harm causes displacement or loss of income.
Example: Protests against large dams that displace tribal people and deprive them of their livelihood.
Environmental harm that affects livelihoods, such as displacement due to environmental degradation or
pollution, is seen as a violation of this fundamental right.
Expansion of Fundamental Rights:
• The Supreme Court’s interpretation has broadened Article 21 to include other rights essential for
a dignified life, including the right to a clean and safe environment.
Environmental Protection and Business
A citizen cannot carry on business activities that pose health hazards to society. The environmental
protection safeguards inherent in this principle were recognized in the case of Cooverjee B. Bharucha
v. Excise Commissioner, Ajmer (1954), which balanced the right to trade with environmental concerns.
Judicial Activism:
• Through judicial activism, the courts have continuously expanded the scope of Article 21 to
include environmental protection. Green benches were set up to address environmental issues
more effectively, and courts have actively intervened in cases of environmental damage.
Judicial Interpretation and Environmental Litigation
• The liberal interpretation of Article 21 has contributed to the development of significant

environmental jurisprudence in India.
Key Cases:
Rural Litigation and Entitlement Kendra v. State of UP (Dehradun Quarrying Case):
• This case marked the first recognition of the right to a healthy environment under Article 21.
The Supreme Court ordered the cessation of illegal mining activities, highlighting the connection
between environmental protection and human rights.
M.C. Mehta v. Union of India (1988):
• The Court emphasized that environmental protection is not only a matter of law but also a
human right. This judgment made it clear that the right to a healthy environment is an integral
part of the right to life.
Subhash Kumar v. State of Bihar (1991):
• The Court reinforced the right to pollution-free water and air as part of the fundamental right
to life, and it mandated state action to address pollution issues affecting citizens’ health.
Public Health and Ecology:
• In various cases, the Court has emphasized that public health and ecology are critical components
of the right to life. For example, the case of Ratlam Municipality v. Vardicharan emphasized
that pollution control and a safe environment are integral to the well-being of citizens.
Public Interest Litigation and Environmental Protection in India
Public Interest Litigation (PIL):
• PIL under Articles 32 and 226 has been key for addressing environmental issues in
India.
o Article 32 allows citizens to approach the Supreme Court for the protection of
fundamental rights.
o Article 226 allows citizens to approach High Courts for environmental matters.
Key Environmental Cases:
1. Dehradun Quarrying Case (1985): Ordered closure of limestone quarries for

environmental protection.
2. M.C. Mehta v. Union of India (1988): Directed safety measures at a chlorine plant to
prevent harm to the environment.
3. Vellore Citizens Welfare Forum v. Union of India (1996): Recognized the
Precautionary Principle and Polluter Pays Principle as essential to Sustainable
Development.
Role of Panchayats:
• Panchayats are empowered to take actions like soil conservation, water management,
and forestry for environmental protection.
Cultural Values:
• Environmental protection is embedded in India’s culture, as reflected in the

Atharvaveda: “Earth is our paradise, and we must protect it.”
Constitutional Framework:
• The Indian Constitution provides a foundation for environmental protection,

promoting public participation and awareness.
Conclusion:
• PIL and constitutional provisions play a crucial role in environmental protection,

ensuring sustainable development and justice.

ARTICLE 21

Uploaded by

Copyright:

Available Formats

ARTICLE 21

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

ARTICLE 21

Uploaded by

Copyright:

Available Formats

ART 21 & 32

Right to Life and healthy Environment (Article 21)

Expansion of Fundamental Rights:

Environmental Protection and Business

• The liberal interpretation of Article 21 has contributed to the development of significant

Rural Litigation and Entitlement Kendra v. State of UP (Dehradun Quarrying Case):

M.C. Mehta v. Union of India (1988):

Subhash Kumar v. State of Bihar (1991):

Public Health and Ecology:

Public Interest Litigation (PIL):

Key Environmental Cases:

1. Dehradun Quarrying Case (1985): Ordered closure of limestone quarries for

• Environmental protection is embedded in India’s culture, as reflected in the

• The Indian Constitution provides a foundation for environmental protection,

• PIL and constitutional provisions play a crucial role in environmental protection,

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.