Updated: Apr 9, 2019
In the year 1976, The 42nd amendment of Indian Constitution introduced Article 48A
‘Protection and improvement of environment and safeguarding of forests and wildlife. The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country'.
This article cast duty upon the state to take steps for the protection of environment and to safeguard the wildlife. It is a Directive Principle of State Policy, thus creating an obligation on the state to protect and safeguard our environment. This Article along with Art.21 and Art51A(g) is the foundation stone of environmental jurisprudence in India.
It is the fundamental duty of the state to apply these while legislating laws. It is the interpretation of this ‘duty’, that has allowed any citizen, whether they’re personally affected or not, to approach the National Green Tribunal, when they perceive a threat to the environment. Article 48A provides the citizens with a tool and a structure through which they can approach and question the state and the government regarding environmental issues.
Pledge for Choose Environment for Better Tomorrow, Better Planet Link: https://www.acceleratesd.org/chooseenvironment