FROM RIGHT TO REALITY: ENFORCEMENT FAILURES IN INDIA’S CONSTITUTIONAL RIGHT TO CLEAN ENVIRONMENT

AUTHORS – E.RITHIKA SIVA SAKTHI & A.P.ARTHIYA

STUDENTS AT SAVEETHA SCHOOL OF LAW, SAVEETHA INSTITUTE OF MEDICAL AND TECHNICAL SCIENCES (SIMATS), SAVEETHA UNIVERSITY, CHENNAI-77

BEST CITATION – E.RITHIKA SIVA SAKTHI & A.P.ARTHIYA, FROM RIGHT TO REALITY: ENFORCEMENT FAILURES IN INDIA’S CONSTITUTIONAL RIGHT TO CLEAN ENVIRONMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.931-940, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Environmental protection in India has evolved from a policy objective into a constitutional imperative through judicial interpretation of the right to life under Article 21 of the Constitution. Over the past four decades, the Indian judiciary has recognized the right to a clean and healthy environment as an essential component of human dignity, public health, and sustainable development. Despite this strong constitutional foundation and a comprehensive statutory framework designed to prevent and control pollution, environmental degradation continues to threaten ecological balance and human well-being. This paradox exposes a persistent gap between legal guarantees and environmental reality.

This paper critically examines the enforcement failures that undermine India’s constitutional commitment to environmental protection. It traces the evolution of constitutional environmentalism and analyses the expansion of environmental rights through public interest litigation and judicial activism. The study evaluates statutory mechanisms and regulatory institutions responsible for pollution control and identifies key challenges including weak monitoring capacity, institutional fragmentation, procedural dilution in environmental impact assessments, lack of transparency, and inadequate accountability for industrial violations.

The paper further explores the role of judicial intervention in shaping environmental governance, highlighting landmark decisions that introduced principles such as sustainable development, the precautionary principle, absolute liability, and the polluter pays principle. However, excessive reliance on judicial remedies reveals systemic administrative weaknesses and ineffective regulatory enforcement.

Drawing comparative insights from environmental enforcement regimes in the United States and the United Kingdom, the paper emphasizes the importance of transparency, technological monitoring, public participation, and strong compliance systems. It concludes that India’s environmental crisis stems not from legal inadequacy but from implementation failure. Strengthening institutional capacity, enhancing accountability, and integrating sustainable governance practices are essential to realizing environmental justice and ensuring ecological sustainability for present and future generations.

Keywords:

Constitutional Environmentalism, Environmental Rights, Judicial Activism, Environmental Enforcement Failure, Sustainable Development