Preservation of the Environment and Sustainable Development - A Constitutional Perspective

Abstract

Conservation and protection of the environment have been an inseparable part of Indian heritage and culture. Realizing its importance, the Indian State has also enshrined it in the Constitution which requires both the state and its subjects to “protect and improve the environment”. The liberalization and globalization of the economy makes it imperative to increase our vigil to ensure that industrial growth is not at the cost of the environment. But the process of indiscriminate exploitation of natural resources over centuries has resulted in degradation, depletion or even destruction of our natural environment. Over exploitation beyond the resource capability or its imbalanced use without long term perspective leads to unabated degradation of resource base, loss of bio diversity, decline in total productivity and environmental deterioration. Article 48 A of the Constitution obligates the State to endeavor to protect and improve the environment and to safeguard the forests and wild life of the Country. There is at present a growing consciousness and awareness that suitable measures be adopted to protect the environment, forests and wild life. Article 39 (e) 47, and 48 A by themselves and collectively cast a duty on the state to secure the health of the people, improve public health, protect and improve the environment. Though more than 200 legislations were made before and after the independence, the administration did not show much concern about environmental pollution. We face significant environmental challenges and violation of existing environmental laws in India. Reducing the occurrence of such threats, effective monitoring, controlling and subsequent recovery measures through law and order can provides an opportunity to shape the future economy and set us on a sustainable growth path. This paper highlights the hard core issues related to violation of environmental laws in India and many questions pertaining to environment with special emphasizes on Constitutional provisions.