CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND GOVERNANCE

Project Work Of Environmental Law

Topic: Role of Article14 of Indian Constitution in
context of Environment Protection

Name : Pushpanjali Kumari

Course : B.A. LLB. (Hons.)

Semester : 7th

Enrollment No. : CUSB1513125032

Submitted To : Suchi kumari

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 CHAPTERIZATION
 TITTLE:
Role of Article14 of Indian Constitution in context of Environment Protection

 INTRODUCTION
Brief introduction about topic

 ENVIRONMENT PROTECTION AND CONSTITUTIONAL

PROVISION

 FUNDAMENTAL RIGHT AND RIGHT TO CLEAN AND

HEALTHY ENVIRONMENT

 RIGHT TO EQUALITY AND ENVIRONMENT

 Arbitrary sanction of authorities.

 INTERPRETATION OF ARTICLE 14 AS GIVEN IN INDIAN

CONSTITUTION

 JUDICIAL DECISION OF ARTICLE 14 IN CONTEXT OF

ENVIRONMENT PROTECTION

 CONCLUSION

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 ACKNOWLEDGEMENT
It is a great pleasure for me to present the final draft of the project topic. I
am very much obliged to my revered teacher Suchi Kumari(Assistant
Professor) of Central University of South Bihar, Gaya who has given me a
task to complete the project work. I am very much helped by her regarding
the formation of this final project.
I express my heartfelt indebtedness to Suchi Kumari who showed me
the path and helped me to understand the project topic. It was not possible
for me to make the final project if I was not being helped by her. She acted
as my mentor and also a guide to help me to understand the whole of the
provision and provided me with the proper synopsis of the project work.
I would like to express my gratitude towards my parents for their kind co-
operation and encouragement which help me in completion of this final
draft.
I would like to express my special gratitude and thanks to the
computer lab assistant who provided me all the facilities regarding the
conditioned computer with a good wi-fi net.
My thanks and appreciations also go to my colleague in developing
the project and people who have willingly helped me out with their
abilities.

Thanks

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 INDEX

Sr. no. CONTENTS Pg no.

01. Introduction 06

02. Environment and Constitutional 07

Provisions

03. Right to clean and healthy environment 08-09

and Fundamental right

04. Right to Equality and Environment 10

 Arbitrary Sanction of authorities 11

05. Interpretation of Article 14 as given in 12-13

Indian Constitution

10. Judicial Decision of Article 14 in 14-16

context of environment

11. Conclusion 17

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TABLE OF CASES:
 Kisan Bhagwan Gawali v. State of Maharashtra [AIR 1993 Bom 343]
 Bangalore Medical Trust v. B.S Muddappa [ (1991) 4 SCC 54]

 Sri Srinivasa Theatre v. Govt. of Tamil Nadu [AIR 1992 SC 999]

 D.D. Vyas v. Ghaziabad Development Authority[AIR 1995 All 57]

 State of Himachal Pradesh v. Ganeshh Wood Products[AIR 1996 SC 149]

 Kholamuhana Primary Fisherman Cooperative Society v. State [AIR 1994 Ori 191

 Mandu Distilleries Pvt. Ltd., v. M.P. Pradushan Niwaran Mandal [AIR 1995 MP 57]

 Ivory Traders and Manufacturers Association v. Union of India [AIR 1997 Del 267]

 Kinkri Devi v. State of Haryana & Punjab [AIR 1984 HP 4]

 Sachidanand Pandey v. State of West Bengal [AIR 1987 SC 1109]

 Consumer Education and Research Centre v. Union of India [AIR 1995 SC 922]

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INTRODUCTION:
The term “Environment includes water, air and land and the inter-relationship which exists
among and between water, air and land, and human beings, other living creatures, plants,
micro-organism and property.” Besides the physical and biological aspect, the “environment”
embraces the social, economic, cultural, religious, and several other aspects as well. The
environment, thus, is an amalgamation of various factors surroundings an organism that
interact not only with the organism but also among themselves. It means the aggregation of
all the external conditions and influences affecting life and development of organs of human
beings, animals and plants. Environment protection is part of our cultural values and
traditions. In Atharvaveda, it has been said that “Man’s paradise is on earth; this living world
is the beloved place of all; It has the blessings of nature’s bounties; live in a lovely spirit”.
Earth is our paradise and it is our duty to protect our paradise. The constitution of India
embodies the framework of protection and preservation of nature without which life cannot
be enjoyed. It is so our duty to protect and preserve environment and its elements.

The first international conference for environment preservation and sustainable development
is Stockholm Declaration on Human Environment, 1972, in which India participated and
promised to implement the principles of Stockholm declaration in regional level. 1972
Stockholm Declaration is root for all legislations related to environment in India. In other
words, one can say that consciously, it was initial step of the Indian Government to fight
against the problem of environment pollution and unsustainable development. It affirms that
"Man has the fundamental right to freedom, equality and adequate conditions of life, in an
environment of quality that permits a life of dignity and well-being, and he bears a solemn
responsibility to protect and improve the environment for present and future generations..."
This shows that it has been internationally recognized that man's fundamental rights
embraces the need to live in an uncontaminated environment but it also puts forth man's
obligation to protect the environment for posterity. The then Prime Minister Mrs. Indira
Gandhi, in the first International Conference on Human Environment at Stockholm in 1972,
voiced deep concern about the degradation of the environment and eco-imbalances. She also
emphasized that pollution, population and poverty are inter-related problems and there must
be an integrated approach to deal with them. India was also one of the signatories of the
Stockholm Declaration which is known as Magna Carta on human environment. After
Stockholm Conference only several legislations were passed regarding protection and
improvement of environment. Based upon the Stockholm conference, the Indian parliament
passed the forty second amendment to the constitution in the year 19765 and incorporated
specially two Articles relating to protection and improvement of environment where in the
Constitution of India obligates the “State” as well as “Citizens” to “Protect and Improve” the
environment.

Various laws passed by Parliament and numerous provisions inserted in Constitution

regarding the protection of environment and sustainable development are an indication
towards the ernest approach of the government in this direction. When our constitution was
drafted it did not contain any specific provisions on environment and even the word
“Environment” did not find a place in the constitution; there are certain provisions which to
great extent had direct bearing on the environment such as improvement of public health,
organization of agricultural and animal husbandry on modern and scientific lines and
protection of natural monuments from spoliation, disfigurement etc. to the public only by
offering the safe and protected environment to live in. This enabled the framers of our
Constitution to be more conscious on the environmental concern.

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ENVIRONMENT AND CONSTITUTIONAL PROVISIONS:

The constitution of India is not an inert but a living document which evolves and grows with
time. The specific provisions on environment protection in the constitution are also result of
this evolving nature and growth potential of the fundamental law of the land. The preamble to
our constitution ensures socialist pattern of the society and dignity of the individual. Decent
standard of living and pollution free environment is inherent in this. Constitution is one of the
longest and written constitutions of the world, having sufficient backing to the principles of
environment protection and sustainable development. Articles 14, 19(1) (g), 21, 26, 32, 47,
48-A, 51 (A) (g), 226, 253, Seventh Schedule and Eleventh Schedule of Indian Constitution
has relevance with the environment protection and sustainable development. When the people
of India express their will for India to be an advanced nation, they primarily intend worthier
provision of basic needs such as pure water, air, health and clean environment. To fulfil that
desire, government of India at different times has always endeavoured to achieve the object.
The Constitution of India being the highest law embodies in itself a greater national
commitment to preserve and protect the clean and healthy environment. It guarantees right to
life and personal liberty. They are further fortified by various pronouncements of Indian
judiciary. To achieve the above said object, the Indian Constitution has imposed obligations
both on the State as well as the citizens to protect and preserve the natural environment1.

At the time of Constituent Assembly debates, there was no particular provision regarding
environment protection. At that time, environmental issues were left out. But on the other
hand, judiciary was working very actively. Judicial consciousness in the sphere of
environment protection and balanced progress makes government and people more conscious
about the concept of sustainable development. Moreover, national environmental movements
in India have also played a very important role to create environmental renaissance.

In India, the concern for environmental protection has not only been raised to the status of
fundamental law of the land, but it is also wedded with human rights approach and it is now
well established that, it is the basic human right of every individual to live in pollution free
environment with full human dignity. Article 47 of the Constitution is considered to be more
important, because it imposes the primary duty on the State to provide public with improved
health, raised level of nutrition and ultimately improved standard of living. Public health can
be assured to the public only by offering the safe and protected environment to live in. This
enabled the framers of our Constitution to be more conscious on the environmental concern.
At initial stage only Directive principles have indirectly encroached this as it talks about
welfare state and healthy and clean environment is mandate for welfare state. Thus, to protect
and improve the environment is a constitutional mandate2.

1
Sodhganga.inflibnet.ac.in
2
“Tiwari, H.N.”, Environmental Law, Allahabad Law Agency, (2007), (Pg no-34)
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RIGHT TO CLEAN AND HEALTHY ENVIRONMENT AND
FUNDAMENTAL RIGHT:
The environmental laws which have been passed by Parliament and State Legislatures are
based on the recognition of clean environment as a human right or fundamental right. As it
has been recognised that a clean environment is the basic need for the survival of humanity
and it cannot be ensured without our ecological balance, thus, this right belongs to all as
survival of mankind depends on clean, healthful or pollution free environment. Any attempt
to defile damage the natural environment would amount to violation of human right to clean
environment. The Stockholm Conference of I972 also declared that man has fundamental
right to environment.
Principle 1 of the Stockholm Declaration provides that:
Man has the fundamental right to freedom, equality and adequate conditions of life, in an
environment of a quality that permits a life of dignity and well-being, and he bears a solemn
responsibility to protect and improve the environment for present and future generation.
Above given principle finds reflection in series of fundamental rights embodied in Part III of
Indian Constitution. Essence of Principle 1 of the Stockholm Declaration can be seen in our
constitution in Articles 14, 19 and 21 dealing with the Right to Equality, Freedom of expression and
the right to life and personal liberty respectively.

Part III dealing with fundamental rights [12-35] does not have any direct bearing on
environmental degradation or eco-imbalances, and has not even referred to these words at all.
But the judicial pronouncements of the Indian Supreme Court and State High Courts have
significantly contributed in giving a newer and finer perspective to environment protection in
the form of a fundamental right. The courts, while dealing with environmental cases, have
referred and based their judgments on the right to equality [Art. I4], Right to life [Art. 21],
right to freedom of trade and commerce [Art. I9 (1)(g)].

The Madras High Court” has rightly pointed out that today’s emerging jurisprudence,
environment rights, which encompass a group of collective rights, are described as “third
generation rights”. Thus, right to have a noise-free environment is a third
generation right. The constitutional scheme to protect and preserve the environment
has been provided under Articles 21, 14 i.e. fundamental rights are to have healthy and
pollution free environment. So it is constitutional obligation of the State and fundamental
duty of all the citizens. It is also to be noted that Articles 14, 21 and 48-A of the Indian
Constitution must be applied both in relation to an executive action as also in relation to
legislation. Judicial review of the executive and legislation can be made, may be on different
principles. Ecological principles are relevant consideration in continuing towards planning
statutes3.

3
“Shastri S.C.”, “Environmental Law”, Eastern Book Company, Fifth Edition,(Pg no-59)

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  Article 14
Article 14 provides right to equality. It also embraces right to have healthy and clean
environment. It also restricts arbitrary action of authorities in case of environmental matters.
If there is such, the court will struck down the same. Article 14 states: “The states shall not
deny to any person equality before the law or the equal protection of the laws within the
territory of India.’’ The right to equality may also be infringed by government decisions that
have an impact on the environment. An arbitrary action must necessary involve a negation of
equality.

 Freedom of trade and commerce and environment: [Article 19(1)(g)]

Article 19 (1) (g) of the Indian constitution confers fundamental right on every citizen to
practice any profession or to carry on any occupation, trade or business. This is subject to
reasonable restrictions. A citizen cannot carry on business activity, if it is health hazards to
the society or general public. The safeguards for environment protection are inherent in this.
Most of the pollution is mainly due to trade and business -particularly from industries. It has
been found that tanneries, acid factories, tie and dye factories or distilleries and nowadays the
hotel industries are contributing to environmental pollution. Thus, it all relates to fundamental
right to freedom of trade/business guaranteed under Article I9(I)(g) of the Indian
Constitution.” Some of these industries or businesses/trades are carried on in a manner which
endangers vegetation cover, animals, aquatic life and human life. It has been made clear that
this freedom of trade and commerce is not absolute and is subject to certain reasonable
restrictions therefore, any trade or business which is offensive to flora or fauna or human
beings cannot be permitted to be carried on in the name of the fundamental right. Article
I9(I)(g) of the Constitution confers right upon every citizen to practice any profession or to
carry on any occupation, trade or business. But this fundamental right is subject to reasonable
restrictions which may be placed in the interest of the general public as provided for in sub-
clause of Article 19 itself. No one has a right to carry on business so as to cause nuisance to
society. One cannot carry on the business in a manner by which the business activity becomes
a health hazard to the entire society4.

 Right to life and environment:[Article 21]

Article 21 of the Indian Constitution, though it guarantees right to life and personal liberty. It
does not directly confer right to clean, unpolluted and healthy environment. But the various
judicial pronouncements on various occasions have expanded right to life and personal liberty
to include this right to clean, healthy and unpolluted environment.
“The right to clean environment is a fundamental right as well as a
human right simply because it is the basic need for the survival of the
human race. The contaminated environment will kill human beings.
Thus, right to pure and decent environment underlies the right to life
supporting ecosystem which sustains life5”

4
Shastri S.C.”, “Environmental Law”, Eastern Book Company, Fifth Edition,(Pg no-61-62)
5
www.legalserviceindia.com

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RIGHT TO EQUALITY AND ENVIRONMENT:

The Right to Equality in the Indian Constitution is provided under Article 14. It strikes at
“arbitrariness” of governmental action because “an action that is arbitrary must necessarily
involve a negation of equality. The Indian Constitution guarantees “right to equality” to all
persons without any discrimination. This indicates that any action of the ‘State’ relating to
environment must not infringe upon the right to equality as mentioned in the Article 14 of the
Constitution.

The Stockholm Declaration, 1972, also recognized this principle of equality in environmental
management and it called up all the worlds’ nations to abide by this principle. The judiciary,
on various occasions, have struck down the arbitrary official sanction in environmental
matters on the basis that it was violative of Article-14. The right to equality is generally
resorted to in urban development where permission for construction is granted by the
authorities arbitrarily under its discretionary powers without evaluating the public interest
and without application of mind and considering the environmental impacts. Such operation
may also jeopardise the wildlife and natural wealth of the nation, it has also been made very
clear that where arbitrariness and perversion are writ large, the court has no option but to
issue a writ to advance public interest and avoid public mischief which are the paramount
considerations.

To protect persons against arbitrary and unfair State actions is one of the agenda of equality
clause. This Article being a general Article under Part III plays a very important role because
it prohibits arbitrariness. It will not be wrong to say that coexistence of equality and
arbitrariness is impossible. The new dimension of the right to equality which excludes
arbitrariness is often used by judiciary for quashing the permission of construction granted
arbitrarily by State without giving due importance to environmental concern. Whenever there
is arbitrariness in State action, whether of the legislative or of the executive or of an authority
under Article 12, Article 14 springs into action and strikes down such action. In fact, the
absence of arbitrary power is the essence of rule of law upon which our whole constitutional
system is based. In such a system, discretion when conferred upon execution authorities must
be confined within defined limits.6
Equality is one of the magnificent corner-stones of the Indian democracy. Equality is
correlative with social justice. They both are complementary to each other. So any such
action by government which infringes right to equality before law would be also denial of
right to social justice. Arbitrary action by government in case of environmental matters is,
thus, prohibited.
Eg: in granting lease or any such tender which dangers environment.

6
www.legalserviceindia.com

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Arbitrary Sanction of Authorities in Environmental Matters

The right to equality guaranteed in Article 14 of constitution may be infringed by arbitrary

government decisions that have impact on the environment. Article 14 strikes at arbitrariness
because an action that is arbitrary must necessarily involve a negation of equality. Article 14
may also be invoked to challenge governmental sanctions for mining and other activities with
high environmental impact, where permissions are arbitrarily granted without an adequate
consideration of environmental impacts.7
The judiciary has on several occasions declared that the arbitrary sanction of the authorities in
environmental matters as unconstitutional. Article 14 has been frequently invoked by Indian
judiciary for environment protection. Its contents contain witnessed effectuation especially in
cases involving mining and stone crushing activities. Arbitrary grant of lease and
unwarranted operation of mines may lead to destruction of wild life and nature.
 When the mining activities resulted in pollution of Mussoorie Hill range forming part
of Himalayas, then the issue of development and environment was brought into sharp
focus for the first time.
 In 2010, the Communist Party of India (CPI) was urged to then Prime Minister Dr.
Manmohan Singh to review the mega steel project awarded to South Korean Steel
Gaint Posco in Orissa and urged him to immediately withdraw the arbitrary
environmental clearance accorded to the project in light (Article 14) continued
violence and atrocities against the local population. CPI has stated that the project did
not provide any kind of direct benefit to the people of the locality or the economy of
the country or the state and was rather aimed at stripping the area of its rich mineral
resources.

7
“Diwan Shyam & Rosencranz Armin”, Environmental Law And Policy in India, oxford India Paperbacks, Second
edition(Pg no.-53)

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INTERPRETATION OF ARTICLE 14 AS GIVEN IN INDIAN
CONSTITUTION:

Right to Equality is the first fundamental right assured to the people of India. Article 14-18 of
the Constitution guarantees this right to every citizen of India. The right to equality in the
Constitution of India is not merely a negative right not to be discriminated against but also a
positive right to be treated as an equal. Under the later aspect of the right, which is the
essence and core of the right to equality, the State is under the obligation to take necessary
steps so that every individual is given equal respect and concern which he is entitled to as a
human being. Article 14 embodies the idea of equality expressed in the preamble. It lays
down the general principles of equality before the law and prohibits unreasonable
discrimination between the persons. The Succeeding Articles 15, 16, 17 and 18 lays down
specific applications of the general rules laid down in Article 14. Article 14 is the equality
clause because of its wide ambit and applicability. It applies to all persons while Article 15
and others cover only citizens. Article 15 relates to prohibition of discrimination on grounds
of Religion, race, caste, sex or place of birth. Article 16 guarantees equality of opportunity in
matters of public employment. Article 17 abolishes untouchability and Article 18 abolishes
title8.Bare Provision:

“The state shall not deny to any person equality before the law or the equal protection of
the laws within the territory of India”

Article 14 guarantees to every person the right to equality before the law or the equal
protection of laws. The first expression ‘equality before the Law’ which is taken from
English Common Law, is somewhat a negative concept. It is a declaration of equality of
all persons within the territory of India, implying thereby the absence of any special privilege
in favour of any individual. Every person, whatever is his rank or position, is subject to the
jurisdiction of the ordinary courts. It means no man is above law and that every person, high
or low, is subject to the ordinary law of the land. Prof. Dicey in explaining the concept of
legal equality, as operating in England, said: “With us, every official, from the Prime
Minister down to a constable or collector of taxes, is under the same responsibility for every
Act done without any legal justification as any other citizen9.”

8
www.legalbites.in

9
V.N. Shukla, Constitution of India, 10th Ed. , p. 37

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The second expression, “equal protection of laws”, which is rather a corollary of the
first expression, and is based on the last clause of the first section of the Fourteenth
Amendment to the American Constitution, directs that equal protection shall be secured to
all persons within the territorial jurisdiction of the Union in the enjoyment of their rights and
privileges without favouritism or discrimination. It is a more positive concept (as it expects a
positive action from the state) implying equality of treatment in the equal circumstances. In
other words, all persons who are in the same circumstances will be governed by the same set
of rules. It is a guarantee of equal treatment. An equal law should be applied with an equal
hand to all persons who are the equals. The rule is that the like should be treated alike and not
that unlike should be treated alike. The same or uniform treatment of unequal is as bad as
unequal treatment of equals. It has been said that the equal protection of the law is a pledge of
protection or guarantee of equal laws10.

Thus, the two expressions in Article 14 make the concept of equal treatment a binding
principle of State Action.

In Sri Srinivasa Theatre v. Govt. of Tamil Nadu11, the Supreme Court explained that the
two expressions equality before the law and equal protection of law do not mean the same
thing even if there may be much in common between them. Equality before the law is a
dynamic concept having many facets. One facet is that there shall be no privileged person or
class and that none shall be above law. Another facet is the obligation upon the State to bring
about, through the machinery of law, an equal society or, equality before the law can be
predicated meaningfully only in equal society.

10
V.N. Shukla, Constitution of India, 10th Ed. , p. 37
11
AIR 1992 SC 999

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JUDICIAL DECISIONS RELATED TO ARTICLE 14 IN CONTEXT OF
ENVIRONMENTAL MATTERS:

Kisan Bhagwan Gawali v. State of Maharashtra12

The exclusion of a particular class of grazers from consideration and inclusion of some on the
ground that the excluded class was indulging in illegal grazing is violative of Article 14 and
invalid. Such a policy decision is against the right to equality.

Bangalore Medical Trust v. B.S Muddappa13

The Supreme Court prevented an attempt to convert a public park site into nursing home. The
City Improvement Board of Bangalore had prepared the Development scheme for the
extension of the City of Bangalore. Under the scheme an area was kept for being developed
as low Level Park. Subsequently, under the direction of the Chief Minister of the State the
area kept for laying a park was converted to a civic amenity site where hospital was to be
constructed by the appellant. When the construction activity was noticed, the resident of the
area approached the High Court which allowed the petition. The Appellant came in appeal
before the Supreme Court contenting that the decision to allot a site for a hospital rather than
a park is matter within the discretion of the development authority and thus, the diversion of
the user of the land for that purpose is justified under the Act. The Supreme Court dismissed
the appeal and highlighted the importance of public parks and open space in Urban
Development as follows:
“Protection of the environment, open spaces for recreation and fresh air, play grounds for
children and other conveniences are matters of great public concern and are vital interest to
be taken care of in a development scheme. The public interest in the reservation and
preservation of open spaces for parks and playgrounds cannot be sacrificed by leasing or
selling such sites to private persons for conversion to some other user; it would be in direct
conflict with the Constitutional mandate”.
Judge R. M. Sahia in his judgment observed that public park as a place reserved for beauty
and recreation is associated with growth of the concept of equality and recognition of
importance of common man it is a, ‘gift from people to themselves’. Its importance has
multiplied with emphasis on environment and pollution. He further pointed that the
“discretion is an effective tool of administration”. When affecting public interest, it should be
exercised objectively, rationally, intelligibly, fairly and authority cannot act whimsically or
arbitrarily.
It was held that the decision taken at the instance of the Chief Minister of the State to convert
an open space reserved for public park into a site for constructing hospital and to allot the site
to a private person was vitiated by non-application of mind and was arbitrary, hence ultra
vires and violation of Article 14 of the Constitution.

12
AIR 1990 Bom 343
13
(1991) 4 SCC 54

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D.D. Vyas v. Ghaziabad Development Authority14

The grievance of the petitioner was that the respondents had not taken any steps to develop
the area reserved for park. On the other hand, respondents were making time to carve out
plots on such open space dedicated for Public Park in the plan and alienate the same with a
view to earning huge profits. The Allahabad High Court followed the dictum of the Supreme
Court in Bangalore Medical Trust and held that authority or state cannot amend the plan in
such a way so as to destroy its basic feature plan in such a way allowing the conversion of
open spaces meant for Public Park. The Court was of the view that the respondents having
failed to develop the park, have reminded grossly negligent in discharging their fundamental
duty under Article 51-A (g) of the Constitution.

State of Himachal Pradesh v. Ganeshh Wood Products15

The Supreme Court held that a decision making authority must give due weight and regard to
ecological factors such as the environmental policy of the government and the sustainable use
of natural resources. A government decision that fails to take into account relevant
consideration affecting the environment is invalid. The Court also used Article 14 to justify
the Government policy in certain cases.

Kholamuhana Primary Fisherman Cooperative Society v. State16

the government had framed a policy regarding fishing in Chilka Lake so as to protect the
traditional rights of fisherman. The Court held that the said policy was neither arbitrary nor
ambiguous and hence not violative of Article 14 of the Constitution. Further the Court
pointed out that adoption of extensive and intensive prawn culture to earn “prawn dollars” in
disregard to ecology was not proper. The Court has also struck down the action of the
authorities if it was taken arbitrarily.

Mandu Distilleries Pvt. Ltd., v. M.P. Pradushan Niwaran Mandal17

The Pollution Control Board issued direction for stoppage of production by the industry on
the ground that it was causing water pollution. However, the Court found that there was
serious flaw in “decision making process”. The decision was taken arbitrarily. The Court
quashed the order passed by the board as violative Article 14 of the Constitution.

Ivory Traders and Manufacturers Association v. Union of India18

The Delhi High Court justified the ban on the business in animal species on verge of
extinction. The Court held that the ban on trade in imported ivory and articles made there
from is not violative of Article 14 of the Constitution. Article 14 can also be invoked to
challenge the government action where permission for mining and other activities with high
environmental impact is granted arbitrarily.
14
AIR 1993 All 57
15
AIR 1996 SC 149
16
AIR 1994 Ori 191
17
AIR 1995 MP 57.
18
AIR 1997 Del 267.

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Kinkri Devi v. State of Haryana & Punjab19
Sachidanand Pandey v. State of West Bengal20

The Supreme Court in both the cases have stuck down the arbitrary official sanction in
environmental matters on the basis that it was violative of Article 14 i.e. Right to life.

Consumer Education and Research Centre v. Union of India21

It has aptly been observed that “concept of social justice and equality are complementary to
each other and practical contents of right to life”.

19
AIR 1984 HP 4
20
AIR 1987 SC 1109
21
AIR 1995 SC 922

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CONCLUSION:

Environment is integral part of our existence. Right to clean, healthy and pollution free
environment is fundamental right recognized under Part III of our constitution. The essence
of Principle 1 of the Stockholm Declaration can be seen in our constitution in Articles 14, 19
and 21 dealing with the Right to Equality, Freedom of expression and the right to life and
personal liberty respectively. A constitutional provision is never static it is ever evolving and
ever changing and, therefore, never admit of a narrow, pedantic or syllogistic approach. It is
always dynamic i.e. to cope up with the changing needs. The fundamental rights are intended
to serve one generation after another.
A right can be recognized as a fundamental right even though it is not expressly mentioned in
the constitution. Thus, we can say that there are many unenumerated fundamental rights in
Part III and judicial activism in India has taken a lead in interpreting various unenumerated
rights in Part III of the Constitution. Environment protection is one of them. It is not given
directly anywhere in part III. Specific provisions are only provided in the part dealing with
Directive Principles and Fundamental Duties, yet right to live in a healthy environment has
been interpreted by the judiciary into various provisions of Part III dealing with fundamental
rights. Thus, the judiciary in India has provided impetus to the Human Rights approach for
the protection of the environment.
Right to equality given in article 14 also plays important role in preserving and protecting
environment as it prevents arbitrary action of authorities in environmental matters.To protect
persons against arbitrary and unfair State actions is one of the agenda of equality clause. This
Article being a general Article under Part III plays a very important role because it prohibits
arbitrariness. It will not be wrong to say that coexistence of equality and arbitrariness is
impossible. The new dimension of the right to equality which excludes arbitrariness is often
used by judiciary for quashing the permission of construction granted arbitrarily by State
without giving due importance to environmental concern.

17 | P a g e
BIBILIOGRAPHY:

BOOKS:
 “Tiwari, H.N.”, Environmental Law, Allahabad Law Agency, (2007),
 “Shastri S.C.”, “Environmental Law”, Eastern Book Company, Fifth Edition
 “Diwan Shyam & Rosencranz Armin”, Environmental Law And Policy in India, oxford
India Paperbacks, Second edition
 V.N. Shukla, Constitution of India, 10th Edition

WEBSITES:

 Sodhganga.inflibnet.ac.in
 www.legalserviceindia.com
 www.legalserviceindia.com
 www.legalbites.in

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