DPSP - FUNDAMENTAL DUITIES AND ENVIRONMENTAL PROTECTION

1. PRESENTED BY:- ANJALI RAJ
DIRECTIVE PRINCIPLE OF STATE
POLICY , FUNDAMENAL DUTIES
AND ENVIRONMENT PROTECTION

2. ENVIRONMENT LEGISLATION IN
INDIAN CONTEXT
First serious attempt regarding environmental
legislation was through 42ndAmendment to the
constitution in 1976 which is fundamental
rights and duties and Directive Principle of
State Policy concerning Protection of
environment and protection of Forests and
wildlife of the country.

3. WHEN AND WHY?
Bhopal Gas tragedy actuates the Indian
Government to enact the Environment
Protection Act ,1986 under Article 253 of
the Constitution and came into force on 19th
November.
Indian Constitution states that it is the duty
of the State to “Protect and improve the
environment and to safeguard the forests and
wildlife of the country”.

4.  The Indian constitution contains specific provisions
for environmental protection under the chapters of
Directive Principles of the State Policy and
Fundamental Duties.
Article 48A and 51 (A)(g)
A global adaption consciousness for the protection
of the environment in the seventies prompted the
Indian Government to enact the 42nd Amendment
(1976) To the Constitution. The said amendment
added Art. 48A to the Directive Principles of
State Policy. It Declares:-

5. “the State shall endeavor to protect and improve the
environment and to safeguard the forests and
wildlife of the country”.
A similar responsibility imposed upon on every citizen in
the form of Fundamental Duty –
Art. 51(A) (g)
“to protect and improve the natural environment
including forest, lakes, rivers and wildlife, and to have
compassion for living creatures”.
CASE LAW:-The Ganga Water Pollution case:
M C Mehta V. Union of India
The owners of some tanneries near Kanpur were
discharging their
effluents from their factories in Ganga without setting
up primary
treatment plants.

6. ARTICLE 14:-
“The states shall not deny to any person
equality before the law or the equal protection of
the laws within the territory of India.’’The right
to Equality may also be infringed by
Government decisions that have an impact on
the environment.

7. CASE LAW: KAMALNATH CASE
In the State of Himachal Pradesh, Span motel, owned
by the family members of Shri Kamal Nath, Minister
For Environment and Forests,Govt. of India diverted
the Course of river Beas to beautify the motel and also
encroached upon some forest land. The apex court
ordered the management of the Span motel to hand
over forest land to the Govt. of Himachal Pradesh and
remove all sorts of encroachments.

8. ARTICLE 21:-
“No person shall be deprived of his life or personal
liberty expect according to the procedure established
by
law.”
Article 21 guarantees a fundamental right to life – a
life
of dignity to be lived in proper Environment, free of
danger of disease and infection.
CASE LAW:- MUNCIPALITY V. VARDHICHARAN
where the problem of pollution was due to
private
polluters and hazard town planning, it was held

9. CONCLUSION
42nd Amendment to the Indian Constitution
proved to be a solution for this major health
hazard..
Followed by duties of the state to protect the
environment
as being an authority elected by the people they
are obliged
to work for the people. Then the concept of
rights and
duties has been dealt with, wherein the right of a

10. THANK YOU!