Indian environmental jurisprudence represents one of the most dynamic examples of judicial constitutionalisation of environmental rights. Through expansive interpretation of Article 21, the Supreme Court of India has elevated the right to clean air from a policy aspiration to a legally enforceable fundamental right.
Constitutional Foundations of the Right to Clean Air:
Judiciary has derived environmental rights from multiple constitutional sources:
- Article 21 (Right to Life): Interpreted to include the right to health, dignity, and a pollution-free environment.
- Article 48A of DPSPs: Mandates the State to protect and improve the environment.
- Article 51A(g) of Fundamental Duties: Imposes a duty on citizens to safeguard natural resources.
- Articles 32 & 142: Empower the Court to enforce environmental rights and ensure “complete justice.”
Assertion of Environmental Doctrines:
The judiciary constitutionalised clean air by embedding global environmental norms into Indian law:
- Precautionary Principle: Prevent harm even without scientific certainty.
- Polluter Pays Principle: Polluters must compensate for environmental damage.
- Sustainable Development: Balance development with ecological protection.
- Public Trust Doctrine: The State is a trustee of natural resources like air and water.
These doctrines transformed environmental adjudication from reactive to preventive and rights-based adjudication.
Constitutionalising Clean Air through periodic interventions:
- Subhash Kumar v. State of Bihar, 1991: Explicitly recognised the right to pollution-free air under Article 21.
- M.C. Mehta v. Union of India:
- Aimed to address the Vehicular pollution problem by directing for a CNG transition in Delhi
- In the Taj Trapezium Case, Court advocated for cleaner fuels to prevent air-induced corrosion
- Arjun Gopal v. Union of India, 2017: SC came up with firecracker regulation prioritising public health over commercial/religious considerations.
- M.K. Ranjitsinh v. Union of India, 2024: Recognised the right against adverse effects of climate change under Articles 21 and 14, linking air quality, biodiversity, and equality.
Thus, Courts moved from recognition to regulation to enforcement.
Challenges in Implementation:
- Weak enforcement capacity of SPCBs due to staff, funds, technology deficits.
- Conflict between infrastructure growth and environmental safeguards.
- Difficulty in source attribution. For e.g., stubble burning vs transboundary pollution as key reason behind Delhi pollution.
- Judicial delays and compliance gaps.
- Low public awareness of environmental rights and duties.
Way Forward:
- Strengthen institutions: Upgrade CPCB/SPCB monitoring and manpower.
- Dedicated climate legislation: As suggested in M.K. Ranjitsinh case, to address air pollution–climate linkage.
- Preventive governance: Emphasise ex-ante environmental impact assessments.
- Economic instruments: Incentivise clean technologies and enforce polluter-pays rigorously.
- Citizen participation: Expand environmental PILs and awareness.
Conclusion:
There is a need to move beyond judicial firefighting towards institutional strengthening, climate-specific legislation, and preventive governance, ensuring that constitutional guarantees translate into breathable realities on the ground.
+1 Value Addition:
- India is among the first jurisdictions globally to constitutionally recognise climate harm as a rights issue.
- WHO links air pollution in India to 2 million premature deaths annually.
- India is among the top 5 countries with highest PM2.5 exposure as per WHO.
- Delhi’s CNG shift reduced SO₂ levels by 30% compared to early 2000s.
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