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⚖️ 𝗖𝗢𝗡𝗦𝗧𝗜𝗧𝗨𝗧𝗜𝗢𝗡 𝗔𝗡𝗗 𝗘𝗡𝗩𝗜𝗥𝗢𝗡𝗠𝗘𝗡𝗧 The 1972 Stockholm Conference on the Human Environment raised global environmental awareness and led to India's 42nd Constitutional Amendment in 1976, which introduced environmental duties both on the part of the citizens Article 51A (g) and (Article 48-A). 1. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 48𝑨- The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 2. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 51(𝒈)- 𝒇𝒖𝒏𝒅𝒂𝒎𝒆𝒏𝒕𝒂𝒍 𝒅𝒖𝒕𝒚- It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. 3. 𝑨𝑹𝑻𝑪𝑳𝑬 246- allocation of legislative authority is an important one, some environment problem such as sanitation and waste disposal are better tackled by local body and other like water, pollution, and wildlife are better ligulated by unform nation laws. 4. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 253-Legislation for giving effect to international agreements Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. 5. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 14- Ensures equality before the law, often used to challenge environmentally harmful government actions like unregulated construction and mining. 6. 𝑨𝑹𝑻𝑰𝑪𝑳𝑬 21- No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India. * The Supreme Court held that the right to life under Article 21 of the Constitution is a fundamental right and includes the rights to free water and free air from pollution for the full enjoyment of life in the case of 𝑺𝒖𝒃𝒉𝒂𝒔𝒉 𝑲𝒖𝒎𝒂𝒓 𝒗. 𝑺𝒕𝒂𝒕𝒆 𝒐𝒇 𝑩𝒊𝒉𝒂𝒓. * If anything endangers or impairs that quality of life in derogation of laws a citizen has recourse to Art.32 of the Constitution for removing the pollution of water or air which may be detrimental to life. * The Court has stated that Article 21 includes the enjoyment of pollutant-free water and air for full enjoyment of life,' as far as the release of industrial pollution into rivers is concerned. 7. 𝑾𝑹𝑰𝑻𝑺 𝑨𝑵𝑫 𝑷𝑰𝑳- a writ petition can be filed to the supreme court under article 32 and the high court under article 226 in case of violation of fundamental right. Since right to wholesome environment has been recognised as fundamental right. #ConstitutionOfIndia #EnvironmentProtection #FundamentalDuties #Article48A #Article14 #Article246 #FundamentalRights #LegalMeet

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