Abstract

The consciousness for the need to preserve the quality of human environment gained momentum particularly after the adoption of United Nations Conference on the Environment in Stockholm.  Consequently, the member countries concentrated on institutionalised environmental crisis management at domestic level. India also moulded its new environmental policy and enacted new legislations for the prevention and control of pollution and protection of environment.  During the same time, the judiciary has also played an important role in interpreting the laws in such manner which not only helped in protecting environment but also in promoting sustainable development.  In spite of legislative efforts and activist attitude shown on the part of judiciary, environmental pollution is raising its ugly head in varying proportions. The newly released Environmental Performance Index (EPI) 2022 ranks India at the bottom position among 180 countries. Though the report has been rebutted by the Union Environmental Ministry for the use of ‘biased metrics and biased weights’ but at the same time we cannot turn blind eye towards  deteriorating air quality, biodiversity loss and rapidly rising greenhouse gas emissions. At this juncture, it is imperative to locate the sutures that allow environmental harms to go unabated without any responsibility and accountability. Whether statutory laws alone can hold the delinquents accountable and inculcate the values of responsibility towards Mother Nature or there is an urgent need to constitutionalize environmental rights to improve their implementation, accountability and reduction in environmental injustices. Therefore, in the present article, an effort has been made by researchers to analyse constitutional approach towards environmental protection, and how constitutionalizing the right to clean environment can act as a powerful catalyst for augmenting progress towards a sustainable, inclusive and resilient future.