Duties of the State Towards Environmental Protection Article 47 of the Constitution which

reads: 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 endeavor to bring about prohibition of the consumption except for medical purposes
of intoxicating drinks and drugs which are injurious to health. The basic principle embodied in
the Article very clearly denies the statement to some of the learned authors that initially our
Constitution was environmentally blind38 and environment as a subject has been left out of the
Constitution. Article 47 calls upon the State to perform the basic duty to look after the health of
the citizen and also take necessary and effective steps to improve their standard of living and also
raise the level of nutrition. Improvement of public health forms the core of environment because
due to various environmental hazards it is the health of the general people which comes under
severe threat. In order to protect the health the framers of the Constitution gave emphasis on the
improvement of public health which is more vital for the existence of the mankind. In the present
times several factors account for the pollution hazards which is going beyond control. The
pollution of water and air spoils the nature very well and affect our health. Therefore, taking into
consideration, the Constitution very aptly recognized the right to health and casts a responsibility
upon the State making it obligatory to work for improving the health of the citizens. In Talcher
Swasthya Surakshya Parishad v. Chairman-Cum-MD Mohanadi Coal Fields Ltd., and Others39
it was alleged that due to the operation of the collieries in the Talcher area, the people of Talcher
town and nearby areas have been affected as there is no pure air to breathe and pure water to
drink. They are forced to inhale such air being exposed to dust and effluent material and also are
forced to take contaminated water which has become unsuitable for drinking purposes due to
such dust and effluent articles. 38 K.L.Bhatia, Human Rights and Human Environment A
Study in the Policy Perspectives, ALJ, Vol. 10 (1990) p.46. 39 AIR 1996 Ori 195. 35 It was
also alleged that due to extraction done from underneath the ground surface, land is becoming
loose and there have been several instances of seepage of water and subsidence of earth, thereby
endangering human life and property. In this case the High Court observed that: It is needless to
say that all concerned, i.e., the governments, the government agency like the Pollution Control
Board, the coal-mines owners operating in the area have to ensure that at the altar of industrial
development, environment and consequentially health of the people do not get sacrificed. It is the
function of the Pollution Control Board to ensure that the rigid guidelines required to be
followed in the matter of air and water pollution. Statistics may not always reflect the correct
state of affairs. In the maze of figures, let welfare of people is not lost. The Pollution Control
Board was directed to take strict steps after determining consequences of such pollution and see
that there is no reoccurrence. It was further directed by the Court that, for industrial
development, the people should not become ill on account of collapse of buildings, surface
erosion and water pollution40 . In Hamid Khan v. State of Madhyapradesh41 it was held that
there was a gross negligence on the part of the state government in not taking proper measure
before supplying drinking water from hand-pumps which has resulted in colossal damage to the
people, the Court held that the State was responsible and has failed to discharge its primary
responsibility. With the objective of affording better protection to the environment, the
Constitution was amended in the year 1976 and a new Article 48-A was inserted into the
Constitution which reads: The State shall endeavour to protect and improve the environment
and safeguard the forests and wild life of the country. This Article used the word Environment
in a wider sense which affects all the living being and influences the conditions of their lives.
Water and air are among such important factors which mould the life of the citizens. Billions of
years have passed 40 Dr.Sukanta K.Nanda, Environmental Law, 75 (Central Law Publication:
Allahabad, 1st Edn., 2007). 41 AIR 1997 MP 191. 36 and the society is still dependant on water
and also will continue to do so, thus proving the necessity and vitality of water for the existence
of the mankind. Hence, it becomes the pious duty and responsibility of the State to protect the
water and water resources as well as whole environment from all activities. So if we construe the
Article, this necessarily requires the State not only to adopt the protectionist policy but also to
provide for the improvement of the environment. Article 48-A further provides to safeguard the
forests and wild life. This is an important provision as the environment is greatly influenced by
forests and wild life. The forests in particular has a direct relation with water pollution as the
forest is responsible for natural rain which protects against pollution to a great extent and again
by maintaining a balance, it constitutes an important safeguard against atmosphere pollution. In
this way the forests contribute a lot in protecting the pollution of water42 . In India, the judicial
attitude in protecting and improving the environment provides a testimony of the fact that,
directive principles are not mere guiding principles of policy but they have to be given effect
to. In Shri. Sachidanand Pandey v. State of West Bengal43 the Supreme Court pointed out that
whenever a problem of ecology is brought before the court, the court is bound to bear in mind
Articles 48-A and 51-A (g) of the Constitution, the Court further observed: When the Court is
called upon to give effect to the directive principles and the fundamental duty, the court is not to
shrug its shoulders and say that priorities are a matter of policy. The least the Court may do is to
examine whether appropriate consideration are borne in mind and irrelevancies excluded. In
appropriate cases, the Court may go further, but how much further must depend on the
circumstances of the case. The Court may always give necessary directions. However, the Court
will not attempt to nicely balance relevant considerations. When the question involves nice
balancing of relevant considerations, the court may feel justified in resigning itself to acceptance
of the decision of the concerned authority. 42 Dr. Sukanta K. Nanda, Environmental Law, 76
(Central Law Publication: Allahabad, 1st Edn., 2007). 43 AIR 1987 SC 1109. 37 In T. Damodhar
Rao. v. S. O Municipal Corporation, Hyderabad44 the court pointed out that in view of Articles
48-A and 51-A(g), it is clear that protection of environment is not only the duty of every citizen
but it is also the obligation of the State and all other State organs including courts. In M.C.
Mehta v. Union of India45 the court observed that Articles-39(e), 47 and 48-A by themselves
and collectively casts a duty on the State to secure the health of the people, improve public health
and protect and improve environment. The cumulative effect of Articles 48-A and 51-A(g)
appears to be that the State as much as the Citizens both are now under a constitutional
obligation to conserve, preserve, protect and improve the environment.