"The most significant achievement of modern law in India is the constitutionalization of environmental problems by the Supreme Court." Discuss this statement with the help of relevant case laws. (UPSC CSE Mains 2022 - General Studies Paper 2)
The process of constitutionalizing environmental issues involves linking them to the infringement of the fundamental rights of individuals or communities, or the failure of the government to uphold its responsibility to implement directive principles aimed at addressing environmental concerns, in order to bring a sense of significance and urgency to these issues.
Few Judicial pronouncement that led to constitutionalisation of environmental problems are:
- Dehradun Quarrying Case: Right to live in a health environment as part of Article 21 was first recognised.
- MC Mehta Case: The Supreme Court introduced the “polluters pay principle” or the principle of absolute liability, making hazardous industries responsible for any environmental damage caused by their activities.
- PA Jacob vs Superintendent of Police Kottayam: Freedom of speech under Article 19(1)(a) does not include freedom to use loudspeakers and hence, loudspeakers can be controlled under Article 19(1) of the constitution.
- Cooverjee B. Bharucha vs Excise Commissioner, Ajmer, 1954: Courts can impose reasonable restriction right to trade (Article 19(1)(g) and occupation to protect environment.
- Vellore Citizens Welfare Forum case: Precautionary Principle and Polluter Pays Principles are essential features of sustainable development.
- The Supreme Court, in the case of Subhash Kumar vs. State of Bihar (1991), recognized the right to a pollution-free environment as a fundamental right under Article 21 of the Constitution, thus giving it constitutional validity.
- The Supreme Court established the Compensatory Afforestation Management and Planning Authority (CAMPA) to prevent the misuse of funds raised for afforestation, which led to the enactment of the CAMPA Act 2016, securing the citizens’ right to compensatory afforestation.
As the protector of fundamental rights, the Supreme Court has effectively utilized legal provisions and judicial rulings to safeguard citizens’ right to a dignified life by recognizing the right to a clean environment as a fundamental right.
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