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Evolution of Environmental Jurisprudence under Article 21 of Constitution of India (Post Maneka Era)

By Dr. Rohini Mahurkar

Published In

Air 2016

The expansive interpretation of the word ‘life’ in Art. 21 has led to the significant development of an environmental jurisprudence in India. The Supreme Court of India has played a noteworthy role for the improvement of the environment by taking cognizance of various environmental problems in number of cases. The Supreme Court through its various decisions has upheld that the word ‘environment’ has a broad spectrum and within its ambit fall ‘hygenic atmosphere and ecological balance’. The State is thus obligated to maintain hygienic environment and ecological balance. Art. 21 protects right to life as a fundamental right and it encompasses within its ambit enjoyment of life and right to life with human dignity, protection and preservation of environment, ecological balance free from pollution of air and water, without which ‘life’ cannot be enjoyed.  Legislative Commitment towards Protection of Environm ....

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