CONSTITUTIONAL PROVISIONS RELATED TO ENVIRONMENT

Environmental legislation are often defined as, a set of laws and regulations which are aimed toward protecting the environment from harmful actions. In both the international commitments and constitutional framework of India, the need for protection and conservation of environment is reflected.

Constitutional Provisions

By the Constitution (Forty-Second Amendment) Act, 1976 , Article 48A was added as a part of Directive Principles of State Policy and Article 51A as a fundamental duty of every citizen of India.

Article 51A under Part IV A of the Indian constituition talks about the 11 fundamental duties that are expected to be performed by the citizens of India. One of these is to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. Furthermore, Article 48 A, of the Directive Principles of State Policy (DPSP) enumerated in Part IV of the Indian Constitution says that the State shall aspire to protect and improve the environment and to conserve the forests and wildlife of the country.

Some of International Conventions for Environment Protection to which India is a Signatory :

Stockholm Convention

The objective of the convention is to target additional POPs for action, supporting safer alternatives, and make a POPs-free future. It calls to ban nine of the dirty dozen chemicals (key POPs), limit the use of DDT to malaria control. As per Article 25(4), India ratified the Convention in 2006.

Montreal Protocol 1987

The Montreal Protocol was negotiated and signed by 197 parties in 1987 with the aim to control the consumption and production of chlorofluorocarbons (CFCs) which is responsible for Ozone Layer depletion.

The adoption of the 2016 Kigali Amendment to the Montreal Protocol is projected to reduce future global average warming in 2100 due to hydrofluorocarbons (HFCs) from a baseline of 0.3–0.5°C to less than 0.1°C.

United Nations Framework Convention on climate change (UNFCCC)

It was signed in 1992 at the United Nations Conference on Environment and Development ( Earth Summit, the Rio Summit or the Rio Conference). The parties to the convention meet annually at the Conference of the Parties (COP) to review the progress under the convention. It aims to achieve stabilization concentration of greenhouse gases in the atmosphere at a certain level that would prevent the climate.

United Nations Convention to Combat Desertification (UNCCD)

It was established in 1994 with the aim to take care of and restore land and soil productivity, and to minimise impact of drought.