Relevance: GS-II (Constitution, Judiciary), GS-III (Environment, Public Health) • Source: The Hindu; Supreme Court judgments; constitutional provisions

Key Takeaways

  • Environment is now a constitutional right, not merely a policy goal
  • Courts use global environmental principles to enforce accountability
  • Effective governance is essential to realise this right meaningfully

Context

With rising air pollution, climate-induced disasters, and environmental degradation, Indian courts have consistently expanded the meaning of the Right to Life under Article 21 to include the right to a clean and healthy environment. This marks a shift from environmental protection as policy discretion to a rights-based constitutional obligation.

Constitutional Foundations

The right to a healthy environment emerges from a harmonious interpretation of:

  • Article 21 – Life with dignity includes clean air, safe water, and ecological balance
  • Article 48A (Directive Principles) – Duty of the State to protect and improve the environment
  • Article 51A(g) (Fundamental Duty) – Citizens’ responsibility to safeguard nature

Through judicial interpretation, courts have bridged Directive Principles and Fundamental Rights, giving enforceable content to environmental protection.

Key Judicial Doctrines Shaping Environmental Rights

  • Public Trust Doctrine – The State is a trustee of natural resources and cannot allow irreversible damage
  • Precautionary Principle – Scientific uncertainty cannot justify inaction
  • Polluter Pays Principle – Environmental costs must be borne by those causing harm
  • Inter-generational Equity – Development must protect the rights of future generations

These principles convert environmental governance into a preventive and accountability-based framework.

Governance Challenges Highlighted

  • Environmental harm now directly affects public health (respiratory diseases, heat stress, water contamination)
  • Weak enforcement, fragmented institutions, and reactive policy responses persist
  • Courts intervene frequently, exposing administrative capacity gaps

Way Forward

  • Integrate environmental health into urban planning and infrastructure decisions
  • Strengthen pollution monitoring, compliance, and scientific regulation
  • Shift from emergency responses to long-term preventive environmental planning
  • Encourage citizen participation and environmental awareness
UPSC Value Box

Why this issue matters:

  • Links environment, health, and human dignity under Article 21
  • Recasts environmental protection as a justiciable governance obligation

Key challenge & reform:

  • Challenge: Over-dependence on judicial intervention due to weak executive enforcement
  • Reform: Build strong regulatory institutions and science-based decision-making capacity

One-Line Wrap

The right to a healthy environment reflects India’s evolving constitutional vision where ecological protection is inseparable from human dignity and good governance.

Q. “How has the judiciary interpreted Article 21 to include the right to a healthy environment? Examine its implications for environmental governance in India.”

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