The Paradox Of Protection: Why India’s Environment Continues To Suffer Despite Constitutional Guarantees
- IJLLR Journal
- Sep 19
- 1 min read
Adwaita Chaturvedi, D.M. Harish School of Law, HSNC University
ABSTRACT
This paper examines the paradox of why India's environment continues to suffer despite strong constitutional guarantees and a robust legal framework. It analyzes the significant gap between constitutional ideals—such as the right to a healthy environment under Article 21 and the fundamental duty to protect nature under Article 51A(g)—and on-the-ground reality. The research identifies key contributing factors to this paradox, including weak enforcement mechanisms, institutional failures, conflicting priorities between economic growth and environmental protection, and a lack of political will. Using key statistics and case studies on air and water pollution, the study highlights how flagship initiatives like the Ganga Action Plan and judicial activism have been undermined by implementation gaps. The paper concludes that while constitutional guarantees are a vital foundation, their effectiveness is limited without a multi-pronged approach that strengthens regulatory bodies, fosters public participation, and ensures administrative accountability.
Keywords: Environmental Governance, Constitutional Guarantees, Environmental Protection, India Pollution Judicial Activism, The Polluter Pays Principle, Precautionary Principle, Environmental Laws Implementation Gap, Public Interest Litigation (PIL), Sustainable Development, National Green Tribunal (NGT), Air Act 1981, Water Act 1974
