You are here: Home > Orientation Hall > Exchange of Experience Modules > Annex

Constitution of India

Principles of government policies

- Under Article 48A of the Indian Constitution, it is stated that the State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.

1. In the first part of this Article it is very obvious that one of the principles of the State policies must be to incorporate those policies directed to the improvement and the protection of the environment. The second part is the implication of safeguarding forests and wild life, since fertile and rich forests are superb conditions for wild life, and together they form forest ecosystem, which is a very important part of the environment. Having highly conserved forests creates clean environment, and supports sustainable development.

Norms

- Similar to Article 32 of Part III of the Bangladesh Constitution, Article 21 of the Indian Constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.

Rights and responsibilities - duties of states, people, and institutions

- Under Article 19 of the Indian Constitution all citizens are given the right to freedom of speech and expression.

1. Accordingly, any citizen of India has the right to inform others the situation or condition of the environment and the cause of pollution even though the main criticism is the inefficiency of the State or the untransparency of private sector since such action is supported by the Constitution.

- The Constitution of India tasks State under Article 47 to 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, to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.

1. In tasking the State to raise the standard of living of the people and to improve the public health, the Constitution views that it is the duty of the State to create a good environment for the living condition of its citizens. In addition, the prohibition of the consumption of intoxicating drinks implies the forbiddance of polluting the waters, especially, those important sources of drinking water.

- Article 51A of the Constitution of India specifies fundamental duties of every citizen. It is the duty of every citizen of India: to cherish and follow the noble ideals which inspired the national struggle for freedom; to uphold and protect the sovereignty, unity and integrity of India; to value and preserve the rich heritage of the composite culture; to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; and to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement.

1. One struggle for freedom of mankind is to struggle to be free from polluted environment and to have good quality environment is the integrity of the nation. As a matter of fact, the Constitution tasks each and every citizen of India to nurture the noble ideals and integrity of India. Additionally, India has a rich heritage of culture with respect to living peacefully with the natural surrounding and to enriching the forests, which must be carried on in order to improve the conditions of the Indian environment.

2. As is obviously seen that Article 51A directly tasks the citizens of India to protect and improve natural environment and to have compassion for living creatures, this responsibility of the people needs no explanation since it is clear and settle in itself. The protection of environment then is supported by the strive towards excellence in all spheres of individual and collective activity to raise the country to achieve the stage of being an environmentally clean nation.