Framers of our Constitution
had realized a developing India, as the time moves on, will present before its
citizens many issues that were immaterial or unheard of in those days. And that
is why they gave us a comprehensive document that touches every part of our
society, the individual, the community, the administration and the government.
What is remarkable is the fact that every new challenge, every new issue can be
interpreted in terms of the guidelines mentioned in the Constitution as
mentioned in its preface, “Constitution is a living document, an instrument
which makes the government system work.”
One such issue is
environment. Pollution has reached to threatening levels in our country with 13
of the world’s 20 most polluted cities being Indian. Pollution is not something
that has come into public psyche just now. It has had history of its own,
especially in the aftermath of the industrial revolution in Europe in 18-19th
Century coupled with the advent of fossil fuels. The world can never forget the
Great Smog of London in 1952 that killed over 4000.
The framers of our
Constitution deliberated on these issues and gave us safeguards that would
continue to defence us, through the custodians of the Constitution, the
Judiciary, even if the governments continue to fail us on environment and
pollution. What can be a more apt testimony to this ‘Constitution is a living
document’ spirit than the fact that our courts, including the Supreme Court,
have, from time to time, have reminded the government and the industry that,
though not directly mentioned, ‘Right to Environment’ is a Fundamental Right under
Article 14, 19 and 21.
The Constitution empowers the citizens and the courts by
ensuring ‘remedies for enforcement of rights it confers’ as defined by the
Article 32 – “The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part (Fundamental Rights) is
guaranteed” – or by the Article 226 in case of the High Courts.
Apart from the Fundamental
Rights, our Constitution also comprehensive lays down guidelines to protect the
environment at each level – be it an individual or society (Fundamental Duties)
or the administration and government level (Directive Principals of State
Policy).
INDIVIDUAL/SOCIETY -PART IVA OF
THE CONSTITUTION – THE FUNDAMENTAL DUTIES
Article 51A (G): It shall be
the duty of every citizen of India—
·
To protect and
improve the natural environment including forests, lakes, rivers and wild life,
and to have compassion for living creatures;
THE STATE – PART IV –
DIRECTIVE PRINCIPALS OF STATE POLICY
Article 43: The State shall endeavour
to secure, by suitable legislation or economic organisation or in any other
way, to all workers, agricultural, industrial or otherwise, work, a living
wage, conditions of work ensuring a decent standard of life and full enjoyment
of leisure and social and cultural opportunities and, in particular, the State shall
endeavour to promote cottage industries on an individual or co-operative basis
in rural areas.
Article 47: The State shall
regard the raising of the level of nutrition and the standard of living of its
people and the improvement of public health as among its primary duties and, in
particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs which
are injurious to health.
Article 48A: The State shall
endeavour to protect and improve the environment and to safeguard the forests and
wild life of the country.]
THE ADMINISTRATION - PART IXA
OF THE CONSTITUTION - THE MUNICIPALITIES
District Planning Committee
Article 243ZD (3A): Every
District Planning Committee shall, in preparing the draft development plan — have
regard to —
(i) matters of common interest
between the Panchayats and the Municipalities including spatial planning,
sharing of water and other physical and natural resources, the integrated development
of infrastructure and environmental conservation.
Metropolitan Planning
Committee
Article 243ZE (3): Every
Metropolitan Planning Committee shall, in preparing the draft development plan —
have regard to—
(ii) matters of common
interest between the Municipalities and the Panchayats, including co-ordinated
spatial planning of the area, sharing of water and other physical and natural
resources, the integrated development of infrastructure and environmental
conservation.
©SantoshChaubey
