Environmental Constitutionalism And Intergenerational Justice In India
- IJLLR Journal
- 1 hour ago
- 2 min read
M. Chenbaga Sree, LL.B. (Hons), Joy University, Tirunelveli District, Tamil Nadu
ABSTRACT
Constitutionalism in India establishes an essential framework that connects environmental protection with inter generational justice, ensuring natural resources are managed wisely — today — so future generations inherit a thriving, livable planet. This paper asserts that the Preamble of the Indian Constitution encapsulates a commitment to social justice, advocating for proactive state engagement in environmental governance and prioritizing sustainable development over excessive resource exploitation. This analysis emphasizes the significance of environmental well-being as an integral aspect of human rights. Central to this constitutional framework are the Directive Principles of State Policy, particularly Article 48A, which mandates the state to safeguard and improve the natural world, encompassing both forests and the diverse wildlife that inhabit them. This paper illustrates how this provision empowers the government as the custodian of natural resources, necessitating the integration of ecological concerns into governance processes. Furthermore, Article 21, which guarantees the right to life, has been interpreted by the judiciary to include the right to a clean and healthy environment. This interpretation supports the notion of inter generational equity, urging current policies to account for the rights and interests of future generations. The paper also examines how judicial activism in India reinforces these constitutional principles. Landmark rulings, such as the Kancha Gachibowli Forest case, exemplify the Supreme Court's commitment to preserving ecological integrity against harmful development initiatives. In the Aravalli case, the court reiterated the importance of conserving the Aravalli mountain range for the sake of environmental justice. Additionally, the recent decision in
S.P. Muthuraman Vs Union of India (2025) illustrates the judiciary's determination to enforce environmental legislation. This paper discusses contemporary challenges related to inter generational justice, emphasizing the obligation of the present generation to ensure a sustainable environment for future inhabitants. By addressing issues such as climate change, biodiversity loss, and resource depletion, this study advocates for principles of caution, sustainability, and equity. Ultimately, this paper underscores the importance of constitutionalism in advancing environmental justice and inter generational equity.
Keywords: Environmental, Future generations, Judicial activism, intergenerational justice, Constitutional framework.
