Eco-constitutionalism in India: A Critical Analysis Through the Lens of the Environmental Justice

Eco-constitutionalism is a modern set of rules that says that protecting the environment and valuing ecological values should be part of the constitution and should be part of democracy and human rights. It shows how the law has changed such that the environment is no longer seen as just a commodity or a background for human activity, but as a real issue that the Constitution should care about. This kind of thinking is becoming more popular throughout the world. Many places, including Ecuador, Colombia, and even portions of Europe, see protecting the environment as not only a governmental goal but a basic right. The merging of human rights and environmental justice has led to the official acknowledgment of a right to a clean, healthy, and sustainable environment in international human rights law. This strengthens the moral and legal case for eco-centric constitutionalism even more. India is a unique and contradictory example in this worldwide trend. The Indian courts have cleverly broadened the scope of Article 21, which protects the right to life and personal freedom, to encompass environmental rights, even though the original wording of the constitution did not include the environment. By interpreting Directive Principles (Article 48A) and Fundamental Duties (Article 51A(g)) in a way that is consistent with Part III rights, it has built a strong constitutional foundation for environmental justice. This new way of doing things in court has made it possible for important actions to be taken in instances about pollution of air and water, protecting forests, and regulating industry. The problem is, however, how to make these ideas a part of everyday life outside of the courtroom. The need to infuse ecological ideals more deeply within India’s constitution is more critical than ever as the country deals with severe environmental damage and the destabilizing effects of climate change. This article argues that Article 21, together with Articles 48A and 51A(g), has become the fundamental foundation of environmental justice in India. It also calls for the constitutional order to continue to evolve into one that is more inclusive, enforced, and focused on the environment.