ROLE OF JUDICIARY AND REGULATORY AUTHORITIES IN ENVIRONMENT PROTECTION, AND THE DOCTRINES AND PRIORITY OF ENVIRONMENT

Abstract

The Constitution of India is amongst the few in the world that recognizes specific provisions for the protection of the ecology and environment. There is a growing awareness that immediate and necessary measures should be taken to protect the environment. To enable broad steps are taken for the purpose, wildlife and forest are now part of the concurrent list so that the besides the state, the central government can also have an explicit role in the concerned area. The natural resources of energy cannot be utilized if it results in the irreversible damage to the ecology. The court has said numerous times that the right to live is a fundamental right under Article-21 of the Constitution of India and it includes the right to have a pollution free environment.1 Further, by the Forty Second Amendment, Article 48A has been inserted in the Constitution in Part IV; under Article 48A of the Constitution of India it has been written that “the state shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country”. Also, Article 51A says that it shall be the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife to have compassion for creatures. Article 47 which provides that it shall be the duty of the state to raise the level of nutrition and the standard of living and to improve public health is also relevant in this connection. The most essential aspects are covered under Article 21 of the Constitution and cannot be allowed to be misused or to be polluted so as to deteriorate the quality of life of others. Again the natural resources of energy cannot be utilized if it results in the irreversible damage to the ecology.