Today every country is initiating steps to protect environment and minimizing use of natural resources for future environment issues, Govt. framed many Acts, Guidelines, Rules and Regulation to Protect environment . some of these are illustrated as under-
ENVIRONMENT PROTECTION – FROM INDIAN CONSTITUTION PERSPECTIVE
a) The State's responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows:
"The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country".
b) Environmental protection is a fundamental duty of every citizen of this country under Article 51-A(g) of our Constitution which reads as follows:
"It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."
c) Article 21 of the Constitution is a fundamental right which reads as follows:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
d) Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties.
e) The State's responsibility with regard to raising the level of nutrition and the standard of living and to improve public health has been laid down under Article 47 of the Constitution which reads as follows:
"The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health."
h) The 42nd amendment to the Constitution was brought about in the year 1974 makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty of every citizen to protect and improve
the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
The subjects related to environment in the seventh schedule of the Constitution:
Union List
53 Regulation and development of oil fields and mineral oil resources.
54 Regulation of mines and mineral development.
56 Regulation and development of inter-State rivers and river valleys.
57 Fishing and fisheries beyond territorial waters.
State List
Entries
6 Public health and sanitation.
14 Agriculture, protection against pest and prevention of plant diseases.
18 Land, colonisation, etc.
21 Fisheries.
23 Regulation of mines and mineral development subject to the provisions of List-I.
24 Industries subject to the provisions of List-I.
Common or Concurrent List
Entries
17A Forests.
17B Protection of wild animals and birds.
20 Economic and social planning.
20A Population control and family planning
As conferred by Article 246(1), while the Union is supreme to make any law over the subjects enumerated in List I, the States, under Article 246 (3), enjoy competence to legislate on the entries contained in List II, and both the Union and the States under Article 246(2) have concurrent jurisdiction on entries contained in List III. In the event of a clash, the Union enjoys a primacy over States in that its legislation in the Union and the Concurrent List prevails over State legislations. Also, the Parliament has residuary powers to legislate on any matter not covered in the three Lists (Art. 248).
ENVIRONMENT PROTECTION – FROM INDIAN CONSTITUTION PERSPECTIVE
a) The State's responsibility with regard to environmental protection has been laid down under Article 48-A of our Constitution, which reads as follows:
"The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country".
b) Environmental protection is a fundamental duty of every citizen of this country under Article 51-A(g) of our Constitution which reads as follows:
"It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures."
c) Article 21 of the Constitution is a fundamental right which reads as follows:
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
d) Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties.
e) The State's responsibility with regard to raising the level of nutrition and the standard of living and to improve public health has been laid down under Article 47 of the Constitution which reads as follows:
"The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health."
h) The 42nd amendment to the Constitution was brought about in the year 1974 makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country. The latter, under Fundamental Duties, makes it the fundamental duty of every citizen to protect and improve
the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.
The subjects related to environment in the seventh schedule of the Constitution:
Union List
Entries
52 Industries.53 Regulation and development of oil fields and mineral oil resources.
54 Regulation of mines and mineral development.
56 Regulation and development of inter-State rivers and river valleys.
57 Fishing and fisheries beyond territorial waters.
State List
Entries
6 Public health and sanitation.
14 Agriculture, protection against pest and prevention of plant diseases.
18 Land, colonisation, etc.
21 Fisheries.
23 Regulation of mines and mineral development subject to the provisions of List-I.
24 Industries subject to the provisions of List-I.
Common or Concurrent List
Entries
17A Forests.
17B Protection of wild animals and birds.
20 Economic and social planning.
20A Population control and family planning
As conferred by Article 246(1), while the Union is supreme to make any law over the subjects enumerated in List I, the States, under Article 246 (3), enjoy competence to legislate on the entries contained in List II, and both the Union and the States under Article 246(2) have concurrent jurisdiction on entries contained in List III. In the event of a clash, the Union enjoys a primacy over States in that its legislation in the Union and the Concurrent List prevails over State legislations. Also, the Parliament has residuary powers to legislate on any matter not covered in the three Lists (Art. 248).
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