Environmental Protection Under The Directive Principles Of State Policy (DPSP) In India: Constitutional Mandate And Judicial Practice
- IJLLR Journal
- 5 days ago
- 1 min read
Ranjana Tiwari, Assistant Professor, City Academy Law College, Lucknow (Affiliated to University of Lucknow)
ABSTRACT
The inclusion of environmental preservation in the Directive Principles of State Policy via Article 48A, introduced by the Forty-Second Amendment, signifies a significant constitutional transition towards ecological governance in India. This paper analyses the constitutional obligation for environmental protection under Part IV, its relationship with fundamental duties (Article 51A(g)) and fundamental rights (Article 21), and how the higher judiciary has transformed these principles into enforceable standards via an expansive environmental jurisprudence. The study utilizes doctrinal and case law analysis to examine significant Supreme Court and High Court rulings in Public Interest Litigation that reference Article 48A, Article 51A(g), and associated Directive Principles of State Policy to extract principles including the right to a healthy environment, the precautionary principle, the polluter pays principle, and intergenerational equity. The study demonstrates that courts have used DPSP not just as interpretative tools but also as substantive constitutional obligations that inform statute interpretation, policy guidance, and structural remedies. The study identifies a conflict between rights-based environmentalism and development priorities, emphasizing issues of democratic legitimacy and judicial overreach in "green" public interest litigations. The conclusion is that environmental protection under the Directive Principles of State Policy, as implemented through judicial practice, has successfully constitutionalized ecological issues; however, the future evolution of this "environmental constitutionalism" must more effectively incorporate legislative processes, scientific expertise, and community engagement.
Keywords: Directive Principles of State Policy, environmental constitutionalism; public interest litigation; precautionary principle; polluter pays.
