The Right To A Clean Environment As A Fundamental Right: Scope And Limitations
- IJLLR Journal
- Jun 26
- 1 min read
Rama Dutt, Harlal School of Law, Greater Noida Aakarsh Mishra, Harlal School of Law, Greater Noida
ABSTRACT
This research investigates the progressive recognition of the right to a clean and healthy environment as an implicit fundamental right under Article 21 of the Indian Constitution. It delves into constitutional mandates, statutory frameworks, landmark judicial pronouncements, and international legal influences that have collectively shaped India’s environmental jurisprudence. The study critically evaluates the breadth, effectiveness, and practical enforceability of environmental rights in India, highlighting key challenges such as tensions between environmental protection and developmental imperatives, institutional inadequacies, and the lack of an explicit constitutional guarantee. Drawing on comparative perspectives from jurisdictions such as South Africa, Ecuador, and the European Court of Human Rights, the paper advocates for reforms including constitutional amendments to explicitly recognize environmental rights, institutional strengthening, and enhanced public engagement. Ultimately, the study seeks to determine whether India’s existing legal and policy framework effectively harmonizes environmental sustainability with the goals of economic and social development.
Keywords: Right to Environment, Article 21, Environmental Justice, Sustainable Development, Judicial Interpretation
