Skip navigation

Article 51 A (g) - The root of environment protection

Jun. 19, 2020   •   anshu sharma

Introduction

India's constitution is one of the rare constitutions in the world which includes provisions deals with environment protection. 42nd amendment introduced Articles 48A and 51A (g). Article 51A (g) enforced an obligation on every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures.

Fundamental Duties of the Citizen

Article 51A (g) imposed an obligation on the individual as well as on states to improve and protect the environment. Article 51A speaks about 10 fundamental duties of every citizen which are given below:

  1. To support and respect the Constitution of India, National Flag, and the National Anthem and stick with to it;
  2. to appreciate and obey the noble ideals which inspired our national struggle for freedom;
  3. to support and protect the sovereignty, unity and integrity of India;
  4. to protect the country and provide national service when called upon to do so;
  5. to encourage harmony and the spirit of common brotherhood amongst all the people of India;
  6. to value and maintain the rich heritage of our composite culture;
  7. to guard and improve the natural environment;
  8. to grow the scientific temper, humanism and the spirit of inquiry and reform;
  9. to safeguard public property and to abjure violence;
  10. to struggle towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

The above-mentioned duties impose two-fold responsibilities. On the one hand, they give a directive to the State for the protection and improvement of the environment and on the other, they cast a duty on every citizen to help in the preservation of the natural environment.

Environmental Justice under Fundamental Duties through cases

The Constitution of India provides the whole chapter on Fundamental Duties. The main aim of the chapter is to promote people’s involvement in constructing buildings. The Supreme Court of India has observed in many cases that “we must protect and improve the environment.” Adding to this it was observed that under A.51A (g) it is a fundamental duty to balance the environment.

A.51A (g) is the boon for the protection of the environment. But people have to understand their duty, they have to know how boon can be used for protection.

Scope of A. 51A (g) through the Supreme Court Cases

L. K. Koolwal v. State of Rajasthan[3]:

The high court of Rajasthan has examined the scope of A. 51A (g). The municipal authority has failed to do their duty like “to clean public street, nuisances, garbage, etc.” Thus petitioner has filed a petition under A.226 of the Constitution in High Court as the municipality has failed to do their primary duty. It results in hygiene problems in the city. Thus the Court explained the true scope of the A.51A in the judgment. Court held that “A.51A gives the right of the citizen to move to the Court if state negligent towards their duty. right to the citizens has rights under A.51A to move the Court for the enforcement of the duty cast on State instrumentalities, agencies, departments, local bodies and statutory authorities created under the peculiar law of the State

Charan Lal Sahu v Union of India[5]:

SC has held that A.51A (g) protects right to life, pollution-free air and water, and liberty and it is the primary duty of the state to fulfill it. The state must have to take essential steps for the same.

Conclusion

A.51A (g) is the root of all laws and judgments concerning the protection of the environment. All-natural resources like forests, lakes, rivers, and wildlife to be protected for the proper existence of human beings. Human beings and nations are irrecoverable from the environment. Uncontrolled pollution of natural and common means is a severe danger to the existence of the country. So is the destruction of other living creatures. Hence, the protection of the environment is crucial for national development.

The author is Dhruvi Anajwala, 3rd Year Gujarat National Law University


References

  1. V. Lakshmipathy v State of Karnataka AIR [1992] Kant 57. (HC).
  2. T. Damodar Rao v S.O. Municipal Corporation AIR [1987] SC 171 (HC)
  3. L. K. Koolwal v. State of Rajasthan AIR [1988] Raj (HC).
  4. Charan Lal Sahu v Union of India AIR [1990] SC 1480 (SC).
  5. The Constitution (Forty-Second Amendment) Act, 1976.
  6. PART IV A: FUNDAMENTAL DUTIES of the Indian Constitution.
  7. Dr.Tiwm. H. N. -Environmental Law, Allahabad Law Agency. Third Edition (2005) p80.
  8. PART IV A: FUNDAMENTAL DUTIES of the Indian Constitution.
  9. Dr.Tiwm. H. N. -Environmental Law, Allahabad Law Agency. Third Edition (2005) p80.
  10. V. Lakshmipathy v State of Karnataka AIR [1992] Kant 57. (HC).
  11. T. Damodar Rao v S.O. Municipal Corporation AIR [1987] SC 171 (HC).
  12. L. K. Koolwal v. State of Rajasthan AIR [1988] Raj (HC).
  13. Ibid.
  14. Charan Lal Sahu v Union of India AIR [1990] SC 1480 (SC).

Liked the article ?
Share this: