Topic – Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
2) Environmental PIL has emerged largely because of the court’s interpretation of Article 21 of the Constitution. Discuss.(250 words)
Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question.
The question wants us to write in detail about the relationship between the Article 21 of the constitution and the emergence of PILs related to environment. We should also give examples of some related and important cases.
Structure of the answer
Introduction– write a few introductory lines about the emergence of PIL especially environmental PIL.
Discuss the important historical cases related to environmental PILs. e.g The court in Chhetriya Pardushan Mukti Sangharsh Samiti v. State of U.P. & Others AIR 1990 SC 2060 observed that every citizen has fundamental right to have the enjoyment of quality of life and living as contemplated by Article 21 of the Constitution of India. Anything which endangers or impairs by conduct of anybody either in violation or in derogation of laws, that quality of life and living by the people is entitled to take recourse to Article 32 of the Constitution.
The Supreme Court in Subhash Kumar v. State of Bihar & Others AIR 1991 SC 420 observed that under Article 21 of the Constitution people have the right of enjoyment of pollution free water and air for full enjoyment of life. If anything endangers or impairs that quality of life in derogation of laws, a citizen has right to have recourse to Article 32 of the Constitution for removing the pollution of water or air which may be detrimental to the quality of life.
In another important decision of the Supreme Court in the case of M.C. Mehta v. Kamal Nath & Others (2000) 6 SCC 213, the Court was of the opinion that Articles 48A and 51-A(g) have to be considered in the light of Article 21 of the Constitution. Any disturbance of the basic environment elements, namely air, water and soil, which are necessary for “life”, would be hazardous to “life” within the meaning of Article 21.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.