Constitutional Validity of Odd

8/17/2019 Constitutional Validity of Odd

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CONSTITUTIONAL VALIDITY OF ODD-

EVEN RULE

The constitution of India obligates the state as well as citizens to protect and

improve the environment.

Preamble

At the very outset, the preamble of the Constitution of India provides that our

country is based on socialistic pattern of society where the state pays more

attention to the social problems than on any individual problems. The basic aim

of socialism is to provide “decent standard of life to all”, which can be possible

only in a pollution free environment.

ollution is one of the social problems and the !state" is re#uired under the

supreme law to pay more attention to this social problem and march towards the

avowed aim of $ust social order.

The preamble also declares India to be a democratic republic. In a democratic

set up, people have the right to participate in government decisions. Also people

have the right to %now and access to information of government policies which

is very important for the success of environmental policies.

Article 246 o t!e Co"#tit$tio"

Article &'( divides the sub$ect areas of legislation between )nion and *tates.

This division is based on three lists, i.e., )nion list, *tate list and Concurrent

list, which are given in +II schedule to the Constitution. The *tate list contains

(( sub$ectmatters over which the state legislatures of different states. The

sub$ects mentioned in the *tate list, include public health. Thus the sub$ect

matters, the environmental impact of which is local, are left to be tac%led at the

local level.

F$"%ame"tal ri&!t#

Article &- of the Constitution of India guarantees all persons a fundamental

right to !life and personal liberty". Article &- guarantees a fundamental right to

life a life of dignity, to live in a proper environment, free of danger of disease

and infection.

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In P'A (ACO) V' SUPERINTENDENT OF POLICE*+ ottayam, the erala

/igh Court observed that Article &-, right to life, comprehends right to a safe

environment, including safe air #uality, safe from noise.

In VIRENDER ,AUR V' STATE OF ARYANA,&

the *upreme Courtobserved that environmental, ecological, air0 water pollution, etc. should be

regarded as amounting to violation of Article &-.

Directi.e Pri"ci/le# o State Polic0

Article '1 of the Constitution is one of the directive principles of the state

policy and it provides that the state shall regard the raising of the level of

nutrition and the standard of living of its people and the improvement of the

public health as among its primary duties.

The improvement of the public health will also include the protection and

improvement of environment without which public health cannot be assured.

The Constitution 23orty*econd Amendments4 Act, -51( added a new directive

principle in Article '6dealing specifically with protection and improvement of

the environment.

It provides that the state shall endeavour to protect and improve the

environment and to safeguard the forests and wildlife of the country.

F$"%ame"tal %$tie#

)nder Article 7-a 2g4 it shall be the duty of every citizen of India to protect and

improve the natural environment including forests, la%es, rivers and wildlife,

and to have compassion for living creatures.

The fundamental duty imposed on every citizen is not only to the environment

#uality if it has been polluted. Thus, the underlined emphasis of thisfundamental duty is that every citizen has a duty to ma%e an endeavour to

preserve the environment in the same way as nature has gifted it to all of us.

-.AI8 -559 :8-.

&.AI8 -557 2&4 *CC711

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S$#tai"able %e.elo/me"t

*ustainable development is essentially a policy and strategy for continued

economic and social development without detriment to the environment and

natural resources on the #uality of which continued activity and further development depend. The balance between environmental protection and

developmental activities could be maintained by strictly following the principles

of !sustainable development". ;ne of the principle as culled out from the

bruntdland report and other international documents such as 8io declaration and

Agenda &-, are as under is the !the precautionary principle".

The main purpose of the !precautionary principle" is to ensure that a substance

or activity posing a threat to the environment is prevented from adversely

affecting the environment, even if there is no conclusive scientific proof of

lin%ing that particular substance or activity to environmental damage. It means

-. :nvironmental measures by the state government and the local authorities

must anticipate, prevent and attac% the cause of environmental

degradation.

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&. In the absence of ade#uate information, lean in favour of environmental

protection by refusing rather than permitting activities li%ely to be

detrimental.

9. :nsure that unless an activity is proved to be environmentally benign in

real and practical terms, it is to be presumed to be environmentally

harmful.

@esides !precautionary principle" there is also the principle of obligation to

assist and to cooperate. rinciple -? of the 8io declaration further provides

that environmental issues are best handled with the participation of all

concerned citizens, at the relevant level.

T!e Air 3Pre.e"tio" a"% Co"trol o Poll$tio" Act* +5+

)nder section -1 2a4 and -12b4 of Air 2revention and Control of ollution4

Act, -56-, the state board shall plan a comprehensive programme for

prevention, control or abatement of air pollution and to secure that eecution

thereof, and advise the state government on any matter concerning the

prevention, control or abatement of air pollution respectively.

Sectio" ++7 o t!e 1otor Ve!icle# Act* +5

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Constitutional Validity of Odd