CHAPTER-V

EVOLUTION OF THE LAW RELATING TO

ENVIRONMENTAL PROTECTION AND CONSERVATION
OF NATURAL RESOURCES IN INDIA

The concept of environmental protection is an age old idea imbibed in the Indian
cultural ethos since time immemorial. ‘Paryavaranam’ is a Sanskrit word for
environment that was prevalent in ancient India.1 Indian Ethos since Vedic period till the
modern era depicts Indian’s awareness about importance of environmental protection and
conservation of natural resources. To understand the present day legal system for
environment protection and conservation of natural resources, it is important to look into
the past Indian traditions and practices of protecting the environment. Therefore, it’s
better to look into the norms and policies of environmental protection prevalent in
ancient, medieval and modern India and it is believed that this will help us in
understanding the present law and policy.
5.1 Law and Policy Relating to Environmental Protection in Ancient India
Environmental awareness can be said to have existed even in the prevedic Indian
valley Civilization which flourished in northern India about 5,000 years ago. This is
evident from the archaeological evidence gathered from Harappa and Mohenjo-Daro
which were the prominent cities of the civilization. Their awareness about hygiene and
sanitation as evident from their constructions of ventilated houses, orderly streets,
numerous wells, bath rooms, public baths and covered underground drains.2
5.1.1 Vedic Approach to Environment
The idea of environmental protection and conservation of natural resources can be
traced to vedic civilization where worship of nature appears to have originated and the
vedic views revolve around the concept of nature and life. The ancient vedic literature
encompasses a holistic attitude of the cosmic vision in a poetic way. Veda appears to
impose obligations on the society and individuals to worship nature through worshipping
1
Ms. Rajani Rao U, “Environmental Awareness in Ancient India”, International Journal of Life Sciences
Research(2014),p.1.Availableat:www.researchpublish.com/download.php?.Environmental%20 Awarene
visited on 07/08/2014.
2
Jonathan Mark Kenoyer, "The Indus Valley tradition of Pakistan and Western India". Journal of World
Prehistory, (1991),p.42. Available at http://link.springer.com/article/10.1007%2FBF00978474 visited on
08/04/2012.
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trees. The worshipping of Vanaspathi, tree having thousand branches is aking to

worshipping the entire creation.3
Atharva Veda examines the importance of forest conservation and preservation
and protecting of three particular trees namely, “Parijath, banyan and pepal”.4 Ancient
Indian seers and scholars advocated wise use of water even though India is blessed with
perennial rivers and heavy rainfall. It was found in western part of Rajasthan during
ancient period houses were constructed in such a way that each had a roof top rainwater
harvesting system.
Several Vedic hymns are prayers maintaining balance in the functioning of all
aspects of nature and it is argued that some of those ideas expressed in them resemble
modern principles relating to conservation of resources. For instance the twenty-fifth Rio
principle talks about how “peace, development and environmental protection are
interdependent and indivisible.”5 Ancient Indians believed that ecological balance is
dependent on actions, good or bad, of individuals and society. Accordingly Rigveda says:
“Environment provides bliss to people loading their life perfectly. River bliss us with the
sacred water, and medicines provides us health, might, morning, vegetation, sun bliss us
with peaceful life. Our cows provide us sweet milk”.6
The vedic culture emphasized conservation of five species of trees, namely,
banyan, puople, ashok, lela and havada. The banyan is a self generating plant associated
with fertility and longevity. It is the abode of Lord Shiva and it is shady, healthful and

3
Shashi Tiwari, “Origin of Environmental Science from Vedas, (2004), p.4. Available at: www.sanskrit.
nic.in /svimarsha/v2/c17.pdf visited on 03/05/2012.
4
Ibid.,
5
Rio Declaration on Environment and Development, The United Nations Conference on Environment and
De elopement, (UNCED) widely known as the Rio Earth Summit, was held from 3rd to 14th June 1992 at
Rio De Janeiro, Brazil. The Rio Summit focused on developing a global framework for addressing
environmental degradation through sustainable development. Through the participation of both state and
non-state actors, the main themes and agendas of the Rio Summit were condensed into several documents
and institutional mechanisms. The documents provided guidance for communities worldwide who desired
to integrate sustainable development goals into their governance structure. The main documents produced
at the Summit include: Agenda 21, the Rio Declaration on Environment and Development, the Statement of
Forest Principles, the United Nations Framework Convention on Climate Change, and the United Nations
Convention on Biological Diversity. One of the main outcomes of the Stockholm Conference was the
Declaration of the United Nations Conference on the Human Environment, which outlines a series of
principles and proclamations that aims to both “inspire and guide the peoples of the world in the
preservation and enhancement of the human environment”
6
Rajib Sarmah, “Environmental awareness in the vedic literature: An assessment”, International Journal
of Sanskrit Research (2015), 3. Available at http://www.anantaajournal.com/archives/2015 /vol1issue4/
PartA / Sanskrit-12-1-2-28.pdf visited on 02/06/2015.
 130

medicinal. The peepal is perhaps the most sacred of all trees in India even today. It was
also insisted that every village must have a small jungle where in apart from the above
five trees others are grown and protected, and this obligation can be compare to modern
concept of social forestry.
5.1.2 Buddhism and Environmental Protection
It has been argued that while many human centric western religions, Buddhism is
eco-centric. Gautam Buddha admired trees stating that trees provide shade and shelter to
the person who is planning to destroy trees. He preached in Vanaropa Sutra in Sanyukta
Nikaya that gardening and aforestation are acts which increase doers’ merit every day.
Environment and natural resources are considered as things not inherited from the past
generation but things borrowed from the future generations. If we destroy natural
resources base or pollute environment, future generation will find it difficult to survive.
Environmental pollution has reached such an alarming rate that world is increasingly
becoming unsuitable for human habitation. Buddhism is the only religion which has
taught its followers to think of future generations. In Kariya metts Sutra, Budha while
insisting on compassionate to all living beings said “whatever breathing creatures here
may be no matter whether they are frail or firm, or middle sized or be they short or small
or whether they are dwelling far or near existing or yet seeking to exist may beings all be
of a blissful heart”.7
Buddhism while specifying certain virtues of rulers insists that an ideal king is
expected to protect not only the people but also forests, animals and birds. Buddhist king
Asoka’s 5th Pillar Edict prohibits killing of certain species of animals and birds. Firstly,
birds and animals such as Cakravaka-geese, swans, nandi mukhas, pigeons, bats, ants
shall not be killed. Secondly, fishing was prohibited on certain days in a month. Thirdly,
on certain days cattle and horses are not to be branded. Buddhism further taught the need
for environmental education and therefore it is asserted that foundations for modern
environmental protection were firmly laid in Buddhism.
Al Gore states, “The more deeply I search for the roots of the global
environmental crisis, the more I am convinced that it is an outer manifestation of an inner

7
Daniel H. Henning, “A Manual for Buddhism and Deep Ecology”, Buddha Dharma Education
Association, http://www.buddhanet.net/pdf_file/deep_ecology.pdf visited on 16/12/2012.
 131

crisis that is, for lack of a better word, spiritual . . .”8 But what other word describes the
collection of values and assumptions that determine our basic understanding of how we
fit into the universe? Buddhism is a spiritual approach which emphasizes ecological
values through a reverence and compassion for all beings or all forms of life. This
approach, along with Deep Ecology, points toward the development of spirituality, a
higher consciousness or awareness (Buddha means “the awakened one”) which would
recognize and integrate spiritual values toward nature. The formulation of positive
ecological and environmental values as the basis for assuming a wise stewardship role
toward the earth is becoming increasingly important, if not critical, especially between
peoples of diverse cultures.
5.1.3 Jainism and Love for nature
Reverence for all forms of life is deeply ingrained in the Jain Ethos. It is strongly
asserted that every living being wants to live. Sorrow and killing are not liked by any
living being. All beings have the right to live. Non-violence is for the welfare of all
beings. Lord Mahavira has said “To kill or to hurt any living being amounts to killing or
hurting oneself. Compassion of others is compassion to ones own self.”9 Man should live
in harmony with all beings and nature. Hence, the relevance of Jain concept of non-
violence which can bring in adaptability in modern life style and may help us change the
attitude of people in today’s world of consumerism and terrorism.
5.1.4 Resource conservation and Mauryan Administration
The regulation of human activities in the interest of protecting environment and
conserving natural resources were developed during Mauryan period. Several offices
were created for enforcement of norms relating to environmental protection. Firstly,
Suvarnadhyaksha was responsible for exploring minerals, mining, processing, producing
trading and conserving resources. He was primarily required to set up factories for
processing gold and not to allow unauthorized persons to produce gold and other

8
Al Gore, “Earth in the Balance”, Ecology and the Human Spirit, (New York: Penguin Publications,
2006),p.231.Availableat:http://file165.namedebooks.org/pdf/earth-in-the-balance-ecology-and-the-human
visited on 12/04/2013.
9
Dale Jamieson, “Jainism and Buddhism.” In A Companion to Environmental Philosophy, (Oxford:
Blackwell Publishers, 2001), p.58.
 132

metals.10 Secondly, Kuppyadhyaksha was required to procure forest product and convert
them into useful products.11 Seetadhyksha was involved in collecting seeds of all kinds,
flowers, fruits, vegetable, roots and other products. He was in charge of regulating
agriculture. For Mauryas most important forest product was elephants and Kautilya
unambiguously specifies the responsibilities of officials in respect of protecting and
preserving Elephant forests.12
Kautilya in Arthashatra laid down certain norms relating to conservation of
forests. Firstly, state to maintain forests and said “Rulers shall not only protect forest
produce, elephant forest but also set up new ones. Forests shall be grown, one for each
forest produce and factories for goods made from forest produce shall be erected, and
foresters working in the produce forests shall be settled there”.13 Secondly, selling,
certain trees and plants without approval of authorities was made punishable and
penalties were levied for cutting branches, destroying trunks and uprooting trees.14
Thirdly, the Superintendent of forests shall fix adequate fines and compensations to be
levied on those who cause any damage to productive forests except in calamities.
Fourthly, for the purpose of protection of wild life the Superintendent of slaughter house
was empowered to punish those persons killing certain types of wild animals, deer, lions,
birds, or fish which are declared to be under state protection.15 It can be said that seeds of
certain modern wild life conservation originated during Mauryans administration. Lastly,
the Superintendent of slaughter house was empowered to levy fee for hunting those wild
animals not prohibited from hunting.
The end of Mauryan Empire and the dawn of Muslim rule saw the destruction of
ancient Hindu cultural traditions and the Muslim rulers not interested in administration
and maintaining good order dedicated themselves to religion conservations and empire

10
Namita Sugandhi, “Between the Patterns of History: Rethinking Mauryan Imperial Interaction in the
Southern Deccan”, (2008), p.91. Available at https://en.wikipedia.org/wiki/Maurya_Empire visited on
30/06/2014.
11
Velayutham Saravanan, “Colonial commercial forest policy and tribal private forests in Madras
Presidency 1792-1881”, The Indian Economic Social History Review, (Sage Publications, 2009),p.34.
Available at: http://www.sagepublications.com visited on 24/08/2012.
12
Ibid.
13
P.K. Gupta, Kautilyan Jurisprudence, (New Delhi: Oxford University Press, 1987), p.155.
14
Ibid.,
15
Sunil Sen Sarma, “Contemporaneity of the Perception on Environment in Kautilya’s Arthasastra”,
Indian Journal of History of Science, 33(1), (1998),p. 41. Available at: http://www.new1.dli.ernet.in/data1
/upload /insa/INSA_2/20005a5d_37.pdf visited on 18/06/2013.
 133

building. However, medieval Indian rulers contribution to environmental protection and

resource conservation was very little some aspects may be taken note of at this juncture.
5.2 Environmental Protection in Medieval India
The history of medieval India is dominated by Muslim Rulers where no
noteworthy development of environmental jurisprudence took place except during the
rule of Mughal Emperor Akbar. During Akbar’s rule except rulers others are prohibited
from hunting or shikar. But no major initiatives took place during medieval period to
prevent environmental protection and conservation of natural resources as the rulers were
only interested in war, religion propagation and empire building.
5.3 Evolution of Environmental Law and Policies during British rule
The overexploitation of natural resources and plundering of nature started in India
during early British rule. The abundant natural resources such as forest products and
minerals became a chief source of raw material for industries. During the days of East
India Company rule ruthless exploitation of timber from Indian forests and trade in
natural resources transferred natural wealth to Britain and Indians were pushed to misery
and poverty. For the purpose of legitimizing ruthless exploitation of timber forests and
natural wealth Britishers introduced forest policy to prohibit private exploitation of forest
resources and public regulations authorizing the government to exploit forest resources.
Thus forest department was setup during British rule in provinces and in some princely
states.
The first show of interest towards the conservation of forest resource found the
reservation of teak forests in Malabar in 1806, and it was dicted by strategic imperial
needs. This was the result of depletion of the Oak Forest in England and other western
countries and the increasing demand for timber for ship building industry and increasing
demand from railways.16 Devoid of good forests in Britain, Britishers realized the
commercial value of Indian forests and tried to establish a rigid system of control over
them. One can trace the beginning of the systematic forest policy to 1855, where the
Governor General, Lord Dalhousie, issued a memorandum on forest conservation called

16
Ibid.
 134

the ‘Charter of Indian Forests’. He suggested that teak timber should be retained as state
property and its trade strictly regulated.17
The first step towards the organized forest management was taken in 1864 with
the appointment of First Inspector General of Forests. The Forest Policy statement of
1894 classified forests into four categories. They are (i) forests, preservation of which
was essential on climate and physical grounds, (ii) Forests, which supplied valuable
timber for commercial purposes, (iii) minor forest which produced only inferior sorts of
timber and (iv) pastures which were forest only for namesake.
The policy was opposed by many on the ground of lack of recognition of rights of
forest dwellers; it allowed unchecked exploitation by the Government and diversion of
forest land to agriculture and plantation and no provision for wild life protection and
private forests.18
During British rule forest management laws and several other legislations were
enacted for the purpose of environmental protection and conservation of natural
resources. However, the Forest Act, 1927 was enacted to give wide powers to the
Government to exploit resources, to acquire forest lands including private and village
forests and other common property through simple procedure even without making
provision for compensation or equity.19 The Act also prohibited cutting of teak,
sandalwood grown in private land without the permission of forest department. The Act
established the Forest department for the purpose of implementing the provision and to
conserve forest.
The Forest Act, 1927 divided forests into four categories. They are reserved
forest, village forest, protected forests, and non-governmental private forests. The
provincial or state governments are empowered to designate protected forests and may
prohibit the felling of trees, quarrying and the removal of forest produce,20 under section
26 of the Act it is an offence to fell trees and acquire forest without prior permission of
the forest department. It is also an offence to fish in ponds and rivers in the forests.

17
Sai ram Bhat Book
18
Tilak, Amod S, “Environmental Law” (New Delhi: Snow White Publications, 2009), p.152.
19
Ibid.
20
Shyam Divan and Armin Rosencranz, “Environmental Law and Policy in India”, (New Delhi: Oxford
University Press, 2012), p.64.
 135

The British Forest policy asserted state monopoly and it was based on “the right
of the state to dispose of or retain for public use of the waste and forest area is among the
most ancient and undisputed features of the doctrine of sovereignty.”21 Even though
British did qualify the doctrine of state monopoly through various principles of property
law.22
Apart from forest management laws and the regulations, during British rule
several other regulations relating to environmental protection and resource conservation
were brought into force but not so much importance was given to the implementation of
them. The following enactments appear to be prominent among them.
Firstly, the Shore Nuisance (Bombay Colaba) Act, 1853 was enacted to regulate
disposal of waste discharged in the coastal area attached to Bombay and Colaba from
nearly industrial plants.
Secondly, Oriental Gas Company Act, 1857 imposed restriction on the Oriental
Company to prevent polluting river and sea water.
Thirdly, Chapter XIV of the Indian Penal Code by creating the offence of
nuisance attempted to protect public health, safety and tried to prevent environmental
degradation.
Fourth, the North India Canal and Drainage Act, 1873 intended to ensure free
flow of canals and rivers for the purpose of irrigation and drainage. It also provided for
legal regulation of discharge of the industrial effluents.
Fifth, the first attempt at conservation of wildlife was through the enactment of
the Madras Elephant Preservation Act, 1879. But the Act did not have any impact on
poaching elephants for ivory.
Sixth, the section 5 of the Indian Fisheries Act, 1897 provided that if any person
puts any poison, lime or noxious material into any water with the intent of catching or
destroying any fish, he shall be punishable with imprisonment and fine.
Seventh, the Wild Birds and Animals Protection Act, 1912 prohibited hunting of
wild birds and animals without the permission of the forest department, The Act also
establishes Kaziranga wild life sanctuary in 1926 and Corbett National Park in 1936.

21
Id at 2
22
Ibid.
 136

Last, apart from the above several other legislations such as the Poisons Act,
1919, Indian Ports Act, 1908, the Boilers Act, 1923 and others were concerned with
preservation of environment and conservation of natural resources.
A moderate review of early legislative efforts suggests that they were piecemeal
and inadequate. Not until 1970s did the Central Government begins enacting
comprehensive environmental laws. The post independent India’s policy on
environmental protection and resource management developed only after 1972
Stockholm Conference. However, it is pertinent to note some aspects of the law and
policy evolved during post independence until 1970s.
5.4 Development of Law and Policy from Independence to Stockholm Conference
1947-1972

Until recently, the Indian environmental statutes chiefly employ a system of

licencing and criminal sanctions to preserve natural resources and to regulate their use.
Civil compensation recovered through private citizen’s suits plays peripheral role in the
overall regulatory strategy, pollution charges, fees or other economic approaches to
discourage environmental degradation and overexploitation of natural resources are not
institutionalized in India. The post independent Indian approach was centered on
economic development and poverty alleviation and not on resource conservation.
The Indian Constitution is amongst the few in the world that contains specific
provisions on environmental protection. The directive principles of state policy and the
fundamental duties chapter explicitly enunciate the national commitment to protect and
improve the environment. This was achieved only during 1976 and until then there was
no specific provision under the Constitution relating to environment protection.23
However, it was argued that there were sufficient provisions in the constitution
empowering both Union and state Government to make laws for the protection of
environment and conservation of natural resources.24

23
Supra n.21 at 25.
24
The Subjects under Union list, State list and Concurrent list under Article 246 containing as, firstly,
under Union list, (6) Atomic energy and mineral resources necessary for its production, (14) Entering
agreements with foreign countries and implementing of treaties, agreements and conventions with foreign
countries, (24) Shipping and navigation on inland waterways, (25) Maritime shipping and navigation,
including shipping and navigation on tidal waters, (29) Airways regulation and organizations of air traffic
and of aerodromes, (52) Industries, the control of which by the Union is declared by parliament by law to
be expedient in the public interest, (53) Regulation and development of oil fields and mineral oil resources,
 137

On the basis of those provisions in the Constitution some of the important

legislations were enacted between 1947 and 1972. They are the Factories Act,1948; The
Prevention of Food Adulteration Act, 1954; The River Boards Act; The Mines and
Minerals (Regulation and Development) Act, 1956; The Ancient Monuments and
Archeological Sites and Remains Act, 1958; The Atomic Energy Act, 1962 and The
Insecticides Act, 1968.
The Factories Act 1948 provides that the liquid effluents, gases and fumes
generated during a manufacturing process should be treated before their disposal to
minimize the adverse effects. During this period the focus of economic policy was on
planned economic development in a mixed economy framework. The dominant policy
objectives were economic growth, employment generation, balanced regional
development and equity. Environmental considerations did not play major role in policy
making.
This is because the Constituent Assembly did not specifically considered the
question whether parliament or state legislatures should regulate environmental matters.
Instead distribution of environmental subjects within the three lists was influenced by the
Government of India Act 1935 and by the conflict between those who wished to create a
strong centre and others who preferred to secure more power to the states.25
Understandably, there was a tussal for control over natural resources such as forests and
fisheries which were important economic subjects.26

(54) Regulation of mines and mineral development to the extent to which such regulation and development
under the control of the Union is declared by Parliament by law to be expedient in the public interest, (56)
Regulation and development of inter-state rivers valleys, and (57) Fishing and fisheries beyond territorial
waters. Secondly, under the State list, (6 Public health and sanitation, hospitals and dispensaries, (10)
Burials and burial grounds, cremations and cremation grounds, (14) Agriculture, (15) Prevention,
protection and improvement of stock and prevention of animal diseases, (17) Water, that is to stay, water
supplies, irrigation and canals, drainage and embankment, water storage and water power subject to the
provisions of Entry 56 of Union List, (18) Land, and (21) Fisheries. Lastly, under the Concurrent list, (17)
Prevention of cruelty to animals, (18) Adulteration of food stuffs and other goods, (19 Drugs and poisons,
(20) Economic and social planning, (20A) Population control and family planning, (29) Prevention of the
extension from one state to another of infecting or contagious diseases or pests affecting, men, animals or
plants, (32) Shipping and navigation on inland waterways as regards mechanically propelled vessels, (36)
Factories, (37) Boilers, and (38) Archaeological sites and remains other than those declared by or under law
made by Parliament to be national importance.
25
Supra n.20 at 43
26
Ibid.
 138

5.5 Post 1972 Developments

It is 1972 Stockholm Conference where in India introduced the concept of
economic development and protection of environment through Mrs. Indira Gandhi’s
address and one can see a shift in our understanding of environmental protection. She
declared that the poverty is the greatest polluter and said: “The environmental problems
of developing countries are not the side effects of industrialization but reflect the
inadequacy of development. The rich countries may look upon development as the cause
of environmental destruction, but to us it is one of the primary means of improving the
environment for living, of providing food, water, sanitation and shelter, of making the
desert green and the mountains habitable.”27
The year 1972 marks a watershed in the history of environmental management in
India. Prior to 1972 environmental concerns such as sewage disposal, sanitation, and
public health were dealt with by different federal ministries, and each perused these
objectives in the absence of proper coordination system at the federal or the
intergovernmental level. When the 24th UN General Assembly decided to convene a
Conference on the Human Environment in 1972, and requested a report from each
member country on the state of the environment, a Committee on the Human
Environment under the Chairmanship of Pitambar Pant, member of the Planning
Commission, was set up to prepare India’s report. By May 1971 three reports had been
prepared: ‘Some Aspects of Environmental Degradation and its Control in India’, ‘Some
Aspects of Problems of Human Settlement in India’, and ‘Some Aspects of Rational
Management of Natural Resources’. With the help of these reports, the impact of the
population explosion on the natural environment and the existing state of environmental
problems were examined. By early 1972 it had been realized that unless a national body
was established to bring about greater coherence and coordination in environmental
policies and programmes and to integrate environmental concerns in the plans for
economic development, an important lacuna would remain in India’s planning process.
Consequently on 12 April 1972 a National Committee on Environmental Planning and
Coordination (NCEPC) was established. The impact of 1972 World Conference was the
introduction of several provisions in the constitution relating to environmental protection.

27
Id at 32.
 139

5.5.1 The Forty Second Amendment

Environmental Protection and improvement were explicitly incorporated into the
Constitution by the Constitution (Forty Second Amendment) Act of 1976. Article 48A
was added to the directive principles of state policy. It declares: ‘The State shall endeavor
to protect and improve the environment and to safeguard the forests and wild life of the
country.’ Article 51A (g) in a new chapter entitled ‘Fundamental Duties’, imposes a
similar responsibility on every citizen on every citizen ‘to protect and improve the natural
environment including forests, lakes, rivers and wildlife, and to have compassion for
living creatures…’ Although the language in the two articles differs, the difference
appears to relate to form rather than to substance. Together, the provisions highlight the
national consensus on the importance of environmental protection and improvement and
lay the foundation for jurisprudence of environmental protection.28
There was considerable debate in Parliament over the wording of draft Article
48A. in the Lok Sabha several amendments were moved. One of them required the state
to ‘conserve and develop the water, soil and other natural resources’, while another
proposed to ensure that the state’s effort s to protect and improve the environment would
not harm tribal forest dwellers. None of these amendments were accepted by the
government, which took the position that the broad terms of a directive principle need not
contain details.29
The members of Rajya Sabha30 also proposed that the Article should also mention
‘mineral wealth’ and require the government to ‘undertake adequate and effective
measures to check environmental pollution.’ Both amendments were rejected by the
government as the existing wording was considered wide enough to cover the
amendments’ underlying concerns.31
5.5.2 The Directive Principles of State Policy
The directive principles are policy prescription that guide the government. Some
of them are in the nature of economic rights that India could not guarantee when the

28
M.C. Mehta v. State of Orissa, AIR 1992 ORI 225, 227
29
The Lok Sabha is the House of the People (Lower House of Parliament). Lok Sabha Debates, Eighteenth
Session, Fifth Series, Vol.LXV, No.5, Oct.29, 1976, columns 94-116. The Constitution (Forty Fourth
Amendment) Bill of 1976 after passage became the Constitution (Forty-Second Amendment) Act of 1976.
30
Parliamentary Debate: Rajya Sabha: Official Report, Vol.XCVIII, No. 5, Nov.9, 1976, columns 158-71.
31
Ibid..
 140

Constitution was enacted, but that were expected to be realized in succeeding years.
Although unenforceable by a court, the directive principles are increasingly being cited
by judges as complementary to the fundamental rights.32 In several environmental cases
the courts have been guided by the language of Article 48A.33
Indeed the Supreme Court has held:
Whenever a problem of ecology is brought before the court, the court is bound to
bear in mind Art. 48 A of the Constitution and Art. 51A (g) and when the court is called
upon to give effect to the Directive Principle and the fundamental duty, the Court is not
to shrug its shoulders and say that priorities are the matter of policy and so it is a matter
for the policy-making authority. The least that the Court may do is to examine whether
appropriate considerations are borne in mind and irrelevancies excluded. In appropriate
cases, the Court may go further, but how much further will depend upon 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 the nice balancing of relevant considerations the Court may feel justified in
resigning itself to the acceptance of the decision of the concerned authority.34
Similarly, the Andra Pradesh High Court has interpreted Article 48A as imposing
‘an obligation’ on the government including courts to protect the environment.35
India’s rich cultural heritage is at times endangered by large development projects
and short-sighted locational decisions. For example, emissions by industry which were
permitted to come up in and around Agra threaten the Taj Mahal, a monument protected
under the Ancient Monuments and Archeological Sites and Remains Act of 1958 and a
World Heritage Site recognized by the 1972 UNESCO Convention for the protection of
the World Cultural and Natural Heritage. In such situations, a court may be guided by the
directive principles in Article 49, which casts a duty on the state ‘to protect every
monument or place or object of artistic or historic interest declared by or under law made
by Parliament to be of national importance, from spoliation, disfigurement, destruction,

32
Som Prakash Rekhi v. Union of India, AIR 1981 SC 212, 221-2.
33
Virender Gaur v. State of Haryana 1995 (2) SCC 571; Indian Council for Enviro-Legal Action v. Union
of India, AIR 1996 SC 1446; Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar
Pradesh, AIR 1988 SC 2187, 2199.
34
Sachidananda Pandey v. State of West Bengal, AIR 1987 SC 1109, 1114-15.
35
T.D.Damodar Rao v. The Special Officer, Municipal Corporation of Hyderabad, AIR 1987 AP 171, 181.
 141

removal, disposal or export, as the case may be.’ Moreover, in view of the range of
international treaties on different aspects of environmental protection, the state’s
obligation to ‘foster respect for international law and treaty obligations’ in Article 51 (c),
read in conjunction with the specific treaty provisions, may also serve to strengthen the
hands of a pro-conservation judge.36

36
Law and Policies Relating to Environment, Centre for Environmental Law, WWF India, NLU Delhi,
2011.