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The Supreme Court has interpreted Article 21 to include right to clean environment, applying principles like sustainable development, precautionary principle, and polluter pays to balance development with ecological sustainability.
- True
- False
Answer: True
Environmental rights under Article 21: (a) Subhash Kumar (1991): Right to life includes enjoyment of pollution-free water and air, (b) MC Mehta cases: Established absolute liability for hazardous industries, public trust doctrine for natural resources, (c) Vellore Citizens Welfare Forum (1996): Recognized sustainable development, precautionary principle, polluter pays principle as part of environmental law under Article 21/48A, (d) Applications: (i) Industrial regulation: Closure of polluting units, emission standards, (ii) Forest conservation: Restrictions on mining, logging in ecologically sensitive areas, (iii) Climate litigation: Emerging cases challenging coal projects, emission norms based on right to healthy environment, (e) Institutional mechanisms: National Green Tribunal (NGT) for expedited environmental dispute resolution, (f) Balance: Development needs vs. ecological sustainability; proportionality test ensures restrictions justified, not arbitrary. Illustrates adaptive constitutionalism: Article 21 interpreted to address emerging challenges like climate change.