Constitutional Framework And Environment Protection In India

Pranshu Rastogi, University of Petroleum and Energy Studies

ABSTRACT

The Indian constitution, which has evolved and changed dramatically throughout time, is regarded as one of the most modified ones to date. In the Indian context, environmental preservation has not only been made a fundamental law of the nation, but it has also just been acknowledged as a long- standing essential human right of all Indian inhabitants. India's constitution has evolved throughout time, as has environmental conservation. The notion of environmental protection has grown in importance throughout time, and as a result of revisions, the constitutional structures governing it have also evolved. As per the essential responsibilities delineated in our constitution, everyone must preserve the environment for everyone to live in a hygienic, respectable, and peaceful setting. The welfare state's guiding principles unmistakably influence state policy's Directive Principles, and as our Constitution makes plain, a healthy environment is deemed essential to the welfare state. As to Article 47, the primary duties of the State encompass enhancing the quality of life and nutrition of its populace, along with public health, which encompasses environmental preservation and improvement. Article 48-A of the constitution states that the state must endeavor to improve and maintain the environment, and that the nation's woodlands and wildlife shall be conserved. Part III's provision of fundamental rights is essential to an individual's development. The Indian Penal Code of 1860 marked the beginning of legislative history. In Section 268 the term "public annoyance" was defined. Sections 133 to 144 of the I.P.C. also deal with public nuisance abatement. These are only restricted clauses. Sections 269 to 278 of the Indian Penal Code are penal provisions, which means that violators may be subject to legal action and penalties Ensuring its preservation was the main objective of the constitutional mandate for environmental protection since it was a serious issue. Although there have been conversations regarding environmental conservation since antiquity, official actions were taken in response to the Stockholm Conference in 1972. Based on the Stockholm conference, the Indian parliament changed the constitution in 1976 (the 42nd Amendment). The language was expanded to include two paragraphs in especially on environmental protection and improvement. These articles indicate that the Indian Constitution requires both the "State" and the "Citizens" to "Protect and Improve" the environment.