Constitutional Mandate for Environmental Protection in India: a Holistic Legal Study
Year: 2026
Type: article
Abstract: This research paper focus on study which disputes the old conventional understanding of the Indian Constitution as an unchanging, instead of it suggesting that now it has been developed into a "Bio-Constitutional Framework". Whereas the traditional view focus on the 1976 Amendments, this study concerns about the shift which is transformative, moving from Anthropocentric Rights ( where the environment protection serves the human interests ) to Eco-centric Jurisprudence ( which recognizes nature's inherent rights). This research paper reveals the increasing conflict between Symbolic Constitutionalism (judiciary holding an exalted, idealistic view of Constitution) and Regulatory Pragmatism (the gradual weakening of environmental standards to facilitate the growth of industries). The research goes beyond a simple legal audit to provide a comprehensive critique of India's "Environmental Grundnorm." This affirm about the judicial declaration of legal personhood to rivers and glaciers to expand the right to a healthy environment guaranteed under Article 21 but at the same time there is huge risk of becoming these as just "paper rights" without practical enforcement mechanism. Viewed through this perspective, the paper presents a bold vision for a "Rights-based Ecological Future," arguing that the continued existence of India's democratic system is now fundamentally tied to the preservation of its ecological commons.
Author: MRIDUL DWIVEDI
Institution: Amity University Madhya Pradesh
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7161432843