India Natural Environment Protection and Constitutional Provisions: A Legal Overview

Abstract

The Indian Constitution is not inert but it has evolved and grown over the decades. In India's situation, Natural environment protection has not solely been raised to the status of essential legislation of the land but it has also been webbed with the human rights technique and presently to properly built fact that is the fundamental human rights of all Individual, to inhabit in a free polluted environment with an overall human dignity. The preamble to the Indian Constitution ensures for a socialist society which triggers natural environment safeguard. Again, the essential responsibilities majorly impose duty on every citizen is to safeguard the environment. Also; the directive principles are geared towards the motives of ensuring a welfare Nation. Article 47 emphasizes that the States must have regard to the raising of the level of the standard of living and the nutrition of India's citizens including the enhancement of the public health which entails the improvement and the safeguard of the natural environment as part of its major obligations. Article 48-A of the Constitution emphasizes that the state should attempt to improve and safeguard the Natural Environment and to protect the wildlife and forests of the Nation. Part III ensures the basic rights which are fundamental for the development of an individual. An Indian Citizen cannot carry out a business activity if it is of health hazards to the general public or the society. The Paper majorly deals on the remedies under Article 226 and 36 and it also files a notion for the reader that knowledge and understanding of these constitutional provisions is essential in ensuring an environmental consciousness and public involvement among the masses.