Environmental Constitutionalism and Duties of Individuals in India

Abstract

Environmental constitutionalism encompasses rights as well as duties of the State and individuals. However, environmental duties of individuals are seldom discussed in detail. What is their contribution to environmental constitutionalism? This article examines the origin and design, as well as judicial adjudication of the fundamental environmental duty of citizens in the Constitution of India to answer this question. It finds that internal and external factors influence the constitutional origin and design of this duty. The constitution drafters viewed this duty as distinct from the duties of the State. However, judicial practice concerning the nature, scope and content of the duty, as well as its implementation and enforcement evidences a dynamic and symbiotic relationship between constitutional environmental rights and duties. The right-holders corresponding to the duty of citizens may include the environment and future generations. These findings provide a framework for the examination of individual environmental duties in other constitutions.