Judicial Evolution of the Right to a Healthy Environment as a Fundamental Right under Article 21
Amidst rising pollution in the National Capital Region, legal experts emphasize the 'Right to a Healthy Environment' as an integral part of the Right to Life under Article 21. While the Constitution didn't originally include environmental protection, judicial interpretations of Articles 48A (Directive Principles) and 51A(g) (Fundamental Duties) have established this right. Key legal doctrines like the 'Precautionary Principle,' 'Polluter Pays Principle,' and 'Public Trust Doctrine' (M.C. Mehta v. Kamal Nath) form the bedrock of environmental jurisprudence in India. Recent judgments also link climate change mitigation to the right to equality (Article 14).
Key Points
- The Right to a Healthy Environment is recognized as a fundamental right under Article 21 of the Constitution.
- Articles 48A and 51A(g) provide the constitutional basis for the state's duty to protect the environment.
- The 'Public Trust Doctrine' establishes the state as a trustee of natural resources for the benefit of the people.
- Recent rulings link the right to be free from the adverse effects of climate change to Articles 14 and 21.
Exam Facts
- Articles 21, 48A, and 51A(g) of the Indian Constitution.
- M.C. Mehta v. Kamal Nath (Public Trust Doctrine case).
- M. K. Ranjitsinh versus Union of India, 2024 (Right against climate change effects).
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