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Article 48A, directing State to protect environment, has been used by courts to expand Article 21 (right to life) to include right to healthy environment, and to develop principles like sustainable development, precautionary principle, polluter pays as part of environmental law.
- True
- False
Answer: True
Article 48A environmental rights and judicial activism: (a) Article 48A text: State shall endeavor to protect and improve environment and to safeguard forests and wildlife, (b) Judicial expansion of Article 21: (i) Subhash Kumar (1991): Recognized right to life includes enjoyment of pollution-free water, air; citizens can file PILs to enforce environmental rights, (ii) MC Mehta cases: Established absolute liability for hazardous industries, public trust doctrine for natural resources, sustainable development principles, (iii) Vellore Citizens (1996): Recognized sustainable development, precautionary principle, polluter pays principle as part of environmental law under Article 21, guided by Article 48A, (c) Environmental principles developed: (i) Sustainable development: Balance development needs with ecological sustainability; present generation holds environment in trust for future generations, (ii) Precautionary principle: State must anticipate, prevent, attack causes of environmental degradation; lack of scientific certainty cannot postpone preventive measures, (iii) Polluter pays principle: Those causing pollution bear cost of remediation, prevention; polluters internalize environmental costs, (d) Applications: (i) Industrial regulation: Closure of polluting units, emission standards, environmental impact assessments operationalize Article 48A, (ii) River protection: Ganga, Yamuna cleaning efforts, restrictions on industrial discharge reflect Article 48A commitment, (iii) Climate litigation: Emerging cases challenging coal projects, emission norms based on right to healthy environment, intergenerational equity, (e) Challenges: (i) Enforcement gaps: Weak monitoring, penalties limit effectiveness of environmental laws; require institutional strengthening, (ii) Development vs. environment: Balancing infrastructure, industrial growth with ecological sustainability requires careful assessment, public consultation, (iii) Climate change: Emerging challenges require adaptive policies, international cooperation beyond traditional environmental protection, (f) Illustrates transformative environmental jurisprudence: Article 48A operationalized through judicial interpretation, legislation; balance between development needs, environmental protection, intergenerational equity essential for realizing constitutional vision of sustainable development.