Right to a Healthy Environment: India’s Constitutional Debate

Why in News ?

Recurring episodes of severe air pollution in Delhi–NCR, particularly during winter months, have revived the debate on whether the right to a clean and healthy environment should be explicitly recognised as a fundamental constitutional right in India, rather than remaining only a judicial interpretation under Article 21.

Background & Context

India is witnessing persistent environmental degradation, with air pollution emerging as a major public health crisis in urban and peri-urban regions. Seasonal spikes in pollution—especially in Delhi–NCR—are driven by a combination of vehicular emissions, industrial activity, fossil fuel consumption, construction dust, waste burning, and stubble burning.

Despite multiple policy interventions, enforcement gaps and institutional limitations continue to undermine environmental governance. These recurring crises have prompted renewed scrutiny of the State’s constitutional responsibility to ensure environmental health and raised questions about the adequacy of existing legal protections in the face of growing climate and pollution-related risks.

Environmental Degradation and Public Health

Environmental pollution has direct and long-term consequences for public health:

• Increased incidence of respiratory illnesses, asthma, bronchitis, and lung infections
• Higher risk of cardiovascular diseases and premature mortality
• Decline in overall life expectancy, especially among urban populations

Children, the elderly, and economically vulnerable groups are disproportionately affected, highlighting the equity dimension of environmental harm.

Particulate Matter (PM) and Health Risks

Among air pollutants, particulate matter (PM) is considered the most dangerous:

• PM10: Enters the respiratory tract, causing breathing difficulties
• PM2.5: Penetrates deep into lungs and bloodstream, leading to systemic health effects
• Diesel particulate matter: A highly toxic sub-category, particularly harmful to children

Recognising these risks, the Commission for Air Quality Management (CAQM) has strengthened the Graded Response Action Plan (GRAP), mandating measures such as school closures, traffic restrictions, and staggered office timings during severe pollution episodes—reflecting growing administrative acknowledgment of environmental health threats.

Constitutional Basis of Environmental Protection in India

Although the original Constitution did not explicitly mention environmental rights, constitutional protection has evolved through interpretation and amendments:

Article 21 – Right to Life

• Expanded by judicial interpretation to include the right to live with dignity
• Landmark judgment: Maneka Gandhi v. Union of India (1978) broadened the scope of “life”
• Subsequently interpreted to include the right to clean air, safe water, and a healthy environment

Directive Principles & Fundamental Duties

• Article 48A: Duty of the State to protect and improve the environment
• Article 51A(g): Fundamental duty of citizens to safeguard natural resources

Together, these provisions establish a shared constitutional responsibility between the State and citizens.

Role of Judiciary and Public Interest Litigation (PIL)

With rapid industrialisation since the mid-1980s, environmental harm intensified, prompting judicial activism:

• Courts used Articles 32 and 226 to entertain environmental PILs
• Judiciary balanced developmental needs with ecological sustainability
• Established that economic growth cannot justify irreversible environmental damage

The Environment (Protection) Act, 1986 strengthened this framework by defining the environment as an interconnected system of air, water, land, and living organisms.

Judicial pronouncements have consistently held that: The right to live with dignity includes the right to pollution-free air and water.

Environmental Principles in Indian Jurisprudence

Indian courts have incorporated key global environmental principles:

Absolute Liability

• Industries engaged in hazardous activities are fully liable for damage, irrespective of fault

Precautionary Principle

• Preventive action must be taken even without scientific certainty

Polluter Pays Principle

• Polluters must bear the cost of environmental damage and remediation

These principles emphasise prevention, accountability, and sustainable development as core governance values.

Public Trust Doctrine and State Responsibility

Under the public trust doctrine:

• Natural resources are held by the State in trust for the people
• The State cannot transfer or exploit these resources for private gain at the cost of public interest

This doctrine aligns with Article 39, which advocates equitable distribution of material resources for the common good.

Recent judicial trends have further expanded environmental rights by acknowledging the impact of climate change. The Supreme Court has recognised protection from adverse climate effects as part of Articles 21 and 14, reflecting the evolving nature of environmental constitutionalism in India.

Need for Explicit Constitutional Recognition

Despite progressive judicial interpretation, the absence of an explicit fundamental right to a healthy environment creates limitations:

• Enforceability depends on judicial discretion
• Direct constitutional claims require linkage to Part III rights

There is a growing argument for formally incorporating the right to a clean and healthy environment as a Fundamental Right, which would:

• Clearly define State accountability
• Strengthen citizen responsibility
• Enhance environmental governance amid climate uncertainty

Strategic Significance for India

• Strengthens rights-based environmental governance
• Enhances public health protection
• Aligns constitutional law with climate change realities
• Improves policy accountability and enforcement
• Supports India’s commitments under global environmental agreements