Article 48A was introduced into the Constitution of India through the 42nd Amendment Act of 1976. It is placed within Part IV of the Constitution, which deals with the Directive Principles of State Policy (DPSPs). This article reflects the growing global and national concern for environmental protection and ecological balance.
While DPSPs are not directly enforceable by courts, Article 48A represents a constitutional directive to the State, outlining an important aspect of governance and public policy that the State is expected to strive towards. It underscores the significance of environmental preservation as a crucial objective for the nation.
Original Text
48A. Protection and improvement of environment and safeguarding of forests and wild life.
The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
Detailed Explanation
Article 48A mandates the State to take proactive steps concerning the environment. The phrase “the State shall endeavour” signifies a directive principle that places an obligation on both the central and state governments, as defined under Article 12, to make efforts towards environmental protection and improvement. This goes beyond mere preservation and includes enhancing the quality of the environment.
The article specifically mentions three key areas:
- Protection and improvement of the environment: This is a broad term encompassing air, water, land, and the interrelationship among them. It requires the State to prevent degradation and actively work towards improving environmental quality.
- Safeguarding of forests: Forests are vital ecological resources, and the State is directed to protect existing forests and promote afforestation.
- Safeguarding of wild life: This involves protecting the diverse flora and fauna of the country, including endangered species and their habitats.
The inclusion of this article in Part IV reflects the understanding that environmental protection is essential for the well-being of the citizens and sustainable development, and thus should be a guiding principle for the State’s legislative and executive actions. Although not justiciable in isolation, courts have increasingly read environmental concerns emanating from Article 48A in conjunction with fundamental rights, particularly the right to life under Article 21.
Detailed Notes
- Nature: Directive Principle of State Policy (DPSP).
- Location: Part IV of the Indian Constitution.
- Added by: 42nd Amendment Act, 1976.
- Obligation: Places a duty on the ‘State’ (Central and State Governments, etc. as per Article 12).
- Mandate: The State “shall endeavour” to undertake specific actions.
- Key Directives:
- Protect the environment.
- Improve the environment.
- Safeguard forests.
- Safeguard wild life.
- Scope: Covers broad environmental concerns as well as specific natural resources (forests) and biodiversity (wild life).
- Justiciability: Not directly enforceable by courts, but fundamental in the governance of the country (Article 37).
- Significance: Reflects constitutional commitment to environmental protection.
- Related Provision: Complements the Fundamental Duty of every citizen under Article 51A(g) to protect and improve the natural environment, including forests, lakes, rivers and wild life, and to have compassion for living creatures.
- Influence: Has inspired legislative measures such as the Environment (Protection) Act, 1986, Forest (Conservation) Act, 1980, and Wildlife (Protection) Act, 1972 (amended post-1976).
- Judicial Interpretation: Increasingly invoked by courts, often alongside Article 21 (Right to Life and Personal Liberty), to emphasize the importance of a clean and healthy environment as integral to life.
Additional Comments
- Article 48A highlights the proactive role expected of the State in environmental governance, moving beyond mere regulation to active protection and improvement.
- Despite being a DPSP, its linkage with fundamental rights and duties strengthens its importance in the constitutional framework.
- This article provides a constitutional basis for various environmental laws and policies enacted by the government.
- It is seen as a crucial step towards integrating environmental considerations into national development planning.
- The judiciary has played a significant role in interpreting Article 48A and 51A(g) to promote environmental justice, often viewing the right to a healthy environment as implicit in the right to life under Article 21.
Summary
Article 48A, incorporated into the Constitution via the 42nd Amendment in 1976 as a Directive Principle of State Policy, directs the State to make earnest efforts to protect and enhance the environment and to safeguard the country’s forests and wildlife. This article underscores the constitutional recognition of environmental preservation as a vital state responsibility and serves as a guiding principle for governmental action and legislation concerning ecological balance and natural resource management, complementing the fundamental duty of citizens regarding the environment.