Right to a Clean and Healthy Environment

• 29 Dec 2025

For Prelims: Commission for Air Quality Management (CAQM), Graded Response Action Plan (GRAP), Right to a Clean and Healthy Environment, DPSPs, Fundamental Duties, Air Pollution, Monsoon, Biodiversity Hotspots, Western Ghats, Soil Organic Carbo, E-waste, Articles 48A and 51A(g), Article 14 (Right to Equality), Polluter Pays Principle, UNFCCC.          

For Mains: Different environmental crises in India and various Supreme Court judgments on environmental rights, Key environmental conservation initiatives taken in India and further steps needed to strengthen its conservation in India.

Source: TH

Why in News?

The persistent environmental crisis has reignited debates about constitutional provisions for environmental protection and the need for explicit recognition of the right to a clean and healthy environment.

• The Commission for Air Quality Management (CAQM) has recently amended the Graded Response Action Plan (GRAP), making it mandatory to close schools under Phases 3 and 4, alongside phased office timings. 

Summary

• India faces multi-dimensional environmental crises affecting health, ecology, and economic sustainability. 
• Judicial interpretation has expanded environmental rights under Article 21, supported by DPSPs and Fundamental Duties. 
• The urgent need is explicit constitutional recognition, stronger institutions, and integrated, technology-driven environmental governance.

What are the Persistent Environmental Crises in India?

• Severe Air Pollution: India’s severe air pollution, particularly in northern cities such as Delhi, consistently exceeds particulate matter limits and contributed to 2.1 million of the 8.1 million global air-pollution-related deaths in 2021. As per the World Air Quality Report 2024, 13 of the 20 most polluted cities worldwide are in India.
  • Health impacts range from respiratory infections, lung diseases, and asthma to cardiac and gastrointestinal issues.
• Water Scarcity: Despite initiatives like the Jal Jeevan Mission (JJM), water scarcity is escalating, with per capita availability declining from 1,816 cubic meters in 2001 to 1,545 cubic meters in 2011 and projected to fall to 1,219 cubic meters by 2050. 
  • Central Ground Water Board assessments show elevated nitrate, fluoride, and arsenic levels in West Bengal, Bihar, and Uttar Pradesh.
  • This crisis is worsened by groundwater depletion in major cities, Himalayan glacial retreat, river pollution, and erratic monsoons, causing repeated floods and droughts. 
• Biodiversity and Habitat Loss: Deforestation driven by infrastructure, agriculture, and mining leads to habitat fragmentation, soil erosion, and reduced carbon sequestration. India's biodiversity hotspots, like the Western Ghats, face severe threats, with IPCC projections warning of up to 33% biodiversity loss by 2050 due to climate change.
• Land Degradation and Soil Health Decline: Despite India being a party to the United Nations Convention to Combat Desertification (UNCCD), soil erosion, salinization, and fertility loss are rampant due to over-farming and chemical fertilizer overuse. 
  • Some 83.69 million ha (mha) underwent desertification in 2018-19. This was greater than the 81.48 mha in 2003-2005 and 82.64 mha in 2011-13. 
  • Soil Organic Carbon in intensively farmed areas is falling to 0.3% from historical levels of around 1%.
• Waste Management Crisis: India generates approximately 62 million tonnes of waste annually, including 7.9 MT of hazardous waste, 5.6 MT of plastic, 1.5 MT of e-waste, and 0.17 MT of biomedical waste. Despite a reported 95% collection rate, much of this waste is burned or poorly handled, resulting in landfill overflows and toxic leachate contaminating soil and water.

Graded Response Action Plan (GRAP)

• About: The GRAP is a pre-emptive and emergency framework created to control and reduce air pollution in Delhi-NCR.
  • GRAP has been prepared in compliance with the Supreme Court’s (SC) order dated 2nd December, 2016, in the MC Mehta vs. Union of India case 1986, to address air quality issues in the National Capital Region of Delhi.
  • It was notified in 2017, and is implemented by the Commission for Air Quality Management (CAQM) in coordination with the Ministry of Environment, Forest and Climate Change (MoEFCC) and the concerned state governments.
• Stages of GRAP: It categorises pollution response measures into four stages, depending on the AQI levels.
  • Stage I – Poor (AQI 201–300): Basic pollution control measures like road dust management and enforcing vehicle PUC (Pollution Under Control) norms.
  • Stage II – Very Poor (AQI 301–400): Stricter actions such as limiting diesel generator use and controlling operations in pollution hotspots.
  • Stage III – Severe (AQI 401–450): Imposes restrictions on specific vehicles, construction activities, and allows for remote schooling measures.
  • Stage IV – Severe+ (AQI > 450): Enforces bans on entry of heavy vehicles, closure of schools, and shutdown of non-essential industries.

Commission for Air Quality Management (CAQM)

• About: The CAQM is a statutory body established under the Commission for Air Quality Management in NCR and Adjoining Areas Act, 2021 to coordinate and implement air pollution control measures in the NCR and adjoining states—Punjab, Haryana, Rajasthan, and Uttar Pradesh.
• Leadership and Eligibility: The Commission is headed by a full-time Chairperson with either at least 15 years of experience in environmental protection and pollution control or 25 years of administrative experience.
• Accountability and Role: The CAQM is directly accountable to Parliament and functions as the apex authority for air quality management in the NCR region.

How has Environmental Jurisprudence Evolved in India?

• Maneka Gandhi v. Union of India (1978): The SC gave its opinion that a clean environment shall be included in the meaning of life under Article 21.
• Rural Litigation and Entitlement Kendra v. State of UP (1985): The SC recognized, for the first time, the right to live in a healthy environment as part of Article 21 of the Constitution. 
• M.C. Mehta v. Union of India (1986): The SC held that the right to live in a pollution-free environment is part of the fundamental right to life under Article 21 of the Constitution.
• Subhash Kumar v. State of Bihar (1991): The SC combined Articles 48A and 51A(g) with Article 21, ruling that the state must protect and improve the environment so that every citizen can enjoy pollution-free air and water, essential for a meaningful life.
  • Article 48A: Obligation of the State to protect and improve the environment and safeguard forests and wildlife.
  • Article 51A(g): Obligation of Citizens to protect and improve the natural environment, including forests, lakes, rivers, wildlife, and to have compassion for living creatures.
• M.C. Mehta versus Kamal Nath (1996): The SC defined the public trust doctrine as a social contract where the state acts as a trustee of natural resources owned by the people, and must manage them only for public benefit, not for private gain.
• M.K. Ranjitsinh v. Union of India (2024): Recognised right against adverse effects of climate change under Article 21 (Right to Life) and Article 14 (Right to Equality).
• Vellore Citizens’ Welfare Forum versus Union of India (1996): The SC explained the precautionary principle and the polluter pays principle. 
  • The precautionary principle requires the state to take preventive action against serious environmental threats, promoting sustainable development over a choice between development and ecology. 
  • The polluter pays principle makes polluters financially responsible for managing their pollution, such as a factory safely disposing of toxic by-products.

Key Environmental Conservation Initiatives Taken in India

• Air & Water Quality Management: National Clean Air Programme (NCAP), Graded Response Action Plan (GRAP), Namami Gange Programme, Jal Jeevan Mission.
• Biodiversity & Wildlife Conservation: Wildlife (Protection) Act, 1972 (National Parks, Wildlife Sanctuaries, Conservation Reserves, and Community Reserves), Project Tiger (1973), Project Elephant (1992), Biological Diversity Act, 2002.
• Waste Management & Circular Economy: Plastic Waste Management Rules, 2016, E-Waste Management Rules, 2022, Swachh Bharat Mission, Waste to Wealth Mission.
• Climate Change & International Commitments: Paris Agreement Commitments, International Solar Alliance (ISA), LiFE (Lifestyle for Environment).
• Monitoring & Technology Initiatives: Environmental Impact Assessment (EIA), National Green Tribunal (NGT), ISRO’s Environmental Information System (ENVIS).
• National Missions & Programs: National Green Hydrogen Mission, National Action Plan on Climate Change (NAPCC), National Afforestation Programme (NAP), Green India Mission (GIM).

What are the Challenges in Solving the Persistent Environmental Crises in India?

• Governance & Implementation Gaps: Strong environmental laws in India, like the Environment (Protection) Act, 1986, suffer from chronic weak enforcement, with industries often operating without a valid Consent to Operate and facing minimal punitive action.
• Developmental Pressures: Large infrastructure projects, such as highways in forested areas, often proceed with expedited clearances despite fragmenting wildlife corridors. Similarly, poverty drives unsustainable resource use like illegal sand mining, which persists as critical income despite causing severe ecological damage.
• Ecological & Technical Complexities: Trans-boundary crises like Indo-Gangetic air pollution require complex multi-state coordination. Meanwhile, rising extreme weather events such as Cyclone Biparjoy worsen coastal erosion, overwhelming local adaptation.
• Political & Behavioral Hurdles: Short-term development through populist subsidies discourage conservation and encourage resource over-extraction. Furthermore, low public acceptance of sustainable practices, like waste segregation, cripples urban waste management.

What Further Steps are Necessary to Strengthen Environmental Conservation in India?

• Strengthen Legal & Constitutional Framework: Amend the Constitution to make the Right to a Clean and Healthy Environment a standalone Fundamental Right, imposing a non-derogable duty on the state. Legally codify the Precautionary Principle, Polluter Pays Principle, Public Trust Doctrine, and Intergenerational Equity for nationwide enforcement.
• Enhance Implementation & Governance: Establish a National Environmental Authority for cross-ministry coordination (Environment, Agriculture, Transport, Urban, Energy) to integrate efforts. Mandate real-time pollution data disclosure and use AI and satellite imagery (like ISRO's ENVIS) to automatically monitor deforestation, dumping, and river pollution.
• Systemic Shifts & Behavioural Change: Implement environmental outcome-based budgeting, tying funds to ecological targets like air quality and forest cover. Enforce climate-centric urban planning with mandatory green belts and net-zero building codes.
• Economic and Financial Mechanism: Implement a carbon tax on high-emission sectors while redirecting fossil fuel subsidies to renewables and scaling up sovereign green bonds. Mandate that 50% of CSR spending goes to environmental projects, tracked via a public CSR-Environment dashboard, and foster CSR-NGO partnerships for effective implementation.
• International Cooperation: Pursue favorable technology transfer agreements for clean technology, renewable energy, and pollution control equipment from developed nations. Actively secure the USD 300 billion annual climate finance commitment from developed countries under the UNFCCC.

Conclusion

Recurring environmental crises and sustained judicial activism highlight a serious implementation gap in India’s conservation framework. Establishing a constitutional right to a clean environment, alongside integrated governance, data-driven enforcement, and financial realignment, is essential to shift from reactive responses to systemic ecological sustainability.

Drishti Mains Question:

Q. Critically examine the role of the Supreme Court in expanding the scope of Article 21 to include environmental protection

Frequently Asked Questions (FAQs)

1. How has Article 21 been linked to environmental protection?
The Supreme Court has interpreted Article 21 to include the right to pollution-free air, water, and a healthy environment.

2. What does the Polluter Pays Principle imply?
It requires polluters to bear the cost of pollution control and environmental damage remediation.

3. Has climate change been recognised as a constitutional issue?
Yes, in M.K. Ranjitsinh v. Union of India (2024), climate change impacts were recognised under Articles 21 and 14.

UPSC Civil Services Examination, Previous Year Questions (PYQs) 

Prelims

Q1. Which of the following can be threats to the biodiversity of a geographical area? (2012) 

1. Global warming 
2. Fragmentation of habitat 
3. Invasion of alien species 
4. Promotion of vegetarianism 

Select the correct answer using the codes given below:

(a) 1, 2 and 3 only 

(b) 2 and 3 only 

(c) 1 and 4 only 

(d) 1, 2, 3 and 4 

Ans: (a)

Q. Which of the following are the reasons/factors for exposure to benzene pollution? (2020) 

1. Automobile exhaust 
2. Tobacco smoke 
3. Wood burning 
4. Using varnished wooden furniture 
5. Using products made of polyurethane 

Select the correct answer using the code given below:  

(a) 1, 2 and 3 only   

(b) 2 and 4 only  

(c) 1, 3 and 4 only   

(d) 1, 2, 3, 4 and 5  

Ans: (a)

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Mains 

Q. Examine the factors responsible for depleting groundwater in India. What are the steps taken by the government to mitigate such depletion of groundwater? (2025)

Q. Industrial pollution of river water is a significant environmental issue in India. Discuss the various mitigation measures to deal with this problem and also the government’s initiative in this regard. (2024)

Q. Describe the key points of the revised Global Air Quality Guidelines (AQGs) recently released by the World Health Organisation (WHO). How are these different from its last update in 2005? What changes in India’s National Clean Air Programme are required to achieve revised standards? (2021)

Q. What are the key features of the National Clean Air Programme (NCAP) initiated by the government of India? (2020)