Syllabus: Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Context: Air Pollution and Public Health
- Winter smog in Delhi–NCR severely degrades air quality, causing recurring public health emergencies.
- Measures like work-from-home and hybrid schooling offer limited relief against persistent pollution exposure.
- Major pollution sources include fossil fuel combustion, transport, industry, waste management, construction, and agriculture.
- Particulate Matter (PM) is the most lethal pollutant, responsible for widespread cardiovascular and respiratory diseases.
Severity of Particulate Matter Pollution
- PM10 particles enter the respiratory system, adversely affecting human health.
- PM2.5, finer particles below 2.5 microns, penetrate deeper into lungs and bloodstream.
- Diesel Particulate Matter (DPM), mostly below 1 micron, poses severe risks, including to children.
- CAQM amended Graded Response Action Plan (GRAP), mandating school closures under Phases 3 and 4.
- States must now stagger office timings during Phase 3, enhancing preventive public health measures.
Constitutional Foundations of Environmental Rights
- Original Constitution lacked explicit environmental provisions, but principles existed implicitly.
- Supreme Court interpreted Article 21 to include environmental protection in Maneka Gandhi (1978).
- Articles 48A and 51A(g) introduced state and citizen duties for environmental protection.
- In Subhash Kumar (1991), clean air and water were recognised as essential to meaningful life.
- Judiciary used Public Interest Litigations under Articles 32 and 226 to balance development and ecology.
Environment as a Welfare State Obligation
- Environment Protection Act, 1986 defines environment as air, water, land, and their interrelationship.
- Right to pollution-free surroundings is intrinsic to human dignity under Article 21.
- Recognised explicitly in Rural Litigation and Entitlement Kendra (1985) and M.C. Mehta (1987).
Environmental Principles in Disaster Jurisprudence
- Absolute liability applied in hazardous industrial disasters like the Oleum Gas Leak case.
- Precautionary principle mandates preventive action despite scientific uncertainty.
- Polluter pays principle holds polluters financially responsible for environmental damage.
- Both principles affirmed in Vellore Citizens’ Welfare Forum (1996).
Public Trust Doctrine and Climate Change
- State acts as trustee of natural resources for public benefit, not private gain.
- Doctrine reinforced in M.C. Mehta vs Kamal Nath and Radhey Shyam Sahu.
- In M.K. Ranjitsinh (2024), right against adverse climate impacts recognised under Articles 21 and 14.
Conclusion
- Judicial interpretation alone is insufficient for effective environmental protection.
- Explicit constitutional recognition of the right to a clean and healthy environment is urgently required.
- Such inclusion would ensure shared responsibility of the state and citizens in environmental governance.