The Constitutional Right To Clean Air: A Case Analysis Of Subhash Kumar V. State Of Bihar In The Context Of Delhi’s AQI Crisis
- IJLLR Journal
- Dec 6, 2025
- 1 min read
Ridheema Bhandari, Symbiosis Law School, Noida
ABSTRACT
In the landmark case of Subhash Kumar v. State of Bihar AIR 1991 SC 42, the Supreme Court held that the right to life under Article 21 includes the right to pollution-free air and water, a recognition that has shaped the foundation of environmental rights in India. However, the reality of Delhi’s bad air shows the gap between the institutional guarantees and the environment the citizens actually live in. This paper examines the significance of Subhash Kumar and connects it to the recurring air-quality crises of Delhi. The study outlines the gaps between recognition and actual implementation in the capital of the country, arguing that the constitutional guarantee of clean air is still inaccessible for large sections of the population who continue to breathe the same toxic air without a choice. We examine the particular groups which are being threatened and how we can bring change through proper administrative actions. By analysing the judgement, subsequent case laws, administrative responses, and the regional dimensions of air pollution, this paper highlights some of the shortcomings of the actual on-ground implementation, highlighting the need for systemic reforms to fulfil the constitutional promise articulated in Subhash Kumar.
