Different Facets Of Article 21: A Constitutional And Jurisprudential Analysis
- IJLLR Journal
- May 9
- 1 min read
N.V. Nandhini, ALS, Amity University, Noida
ABSTRACT
This research paper investigates the persistent inadequacy of air pollution regulatory frameworks despite the constitutional entrenchment of environmental rights, exposing the State's systemic factual defaults and procedural lapses in safeguarding public health. Employing doctrinal analysis of derivative rights under Article 21 alongside a comparative analysis of corporate liability frameworks, the study evaluates the efficacy of current statutory mechanisms. The analysis demonstrates that the Indian judiciary has progressively transformed Article 21 from a mere procedural safeguard into a substantive guarantee of due process, expressly recognizing the right to a clean environment as an inalienable fundamental right.
However, this paper identifies a critical 'enforcement gap' wherein profound judicial declarations of environmental rights are systematically undermined by the executive's failure to implement them. Consequently, the paper establishes the urgent necessity for strengthened corporate environmental liability and robust enforcement machinery to bridge the chasm between constitutional promises and lived realities.
Keywords: Article 21, Right to Clean Environment, Polluter Pays Principle, Precautionary Principle, Enforcement Gap, Corporate Environmental Liability, Substantive Due Process, Derivative Rights.
