Home
Polity-Mains-PYQ

Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard.

Amith

✅ Question (2015, GS Paper II – 12.5 marks):

"Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard."

1. Keyword-Based Analysis

Keyword Meaning
Right to clean environment Refers to the implied right under Article 21 for a pollution-free environment.
Entail Asks whether this right includes or leads to legal actions/regulations.
Legal regulations Implies laws, rules, judicial orders, or policy restrictions imposed by the State.
Burning crackers during Diwali A specific practice causing air and noise pollution – an example to focus the discussion.
Discuss Requires a balanced explanation with arguments for and against, legal basis, implications, and conclusions.

2. Demand of the Question

The question tests your ability to:

  • Link Article 21 (Right to Life) with Environmental Jurisprudence.

  • Refer to Supreme Court judgments regarding pollution control during Diwali.

  • Show how the judiciary interprets Fundamental Rights in light of environmental concerns.

  • Examine the scope of State regulation on cultural/religious practices for environmental protection.

Dimensions to cover:

  1. What Article 21 implies about environmental rights.

  2. Supreme Court judgments – especially Arjun Gopal v. Union of India and earlier verdicts.

  3. Conflict between cultural freedom and public health.

  4. Role of State/legal regulation in resolving this conflict.

3. Ideal Answer Structure

Introduction:

  • Define clean environment as part of Article 21.

  • Briefly introduce the issue of cracker pollution during Diwali.

Body:

A. Right to Clean Environment under Article 21

  • Judicial interpretation.

  • Key cases: Subhash Kumar v. State of Bihar, MC Mehta cases.

B. Legal Regulation of Firecrackers

  • SC Judgments: Arjun Gopal v. Union of India (2018 onwards), others.

  • NGT rulings, CPCB guidelines.

C. Balance between Environment and Religious Freedom

  • Article 25 vs Article 21.

  • Reasonable restrictions.

D. Implementation & Challenges

  • State action, public awareness, eco-friendly alternatives.

Conclusion:

  • Balanced regulation essential to protect health without disregarding cultural practices.

  • Judiciary's role is pivotal in interpreting rights in modern contexts.

4. Model Answer (250 words)

Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which the Supreme Court has consistently interpreted to include the right to a clean, healthy, and pollution-free environment.

The right to a clean environment has been recognized by the Supreme Court as an inherent part of Article 21 of the Indian Constitution, which guarantees the Right to Life and Personal Liberty. This interpretation has expanded to include the right to live in a pollution-free environment.

In Arjun Gopal v. Union of India (2017–2020), the Supreme Court ruled that unregulated bursting of firecrackers violates Article 21 by deteriorating air quality and affecting the health of vulnerable groups like children, elderly, and asthma patients. The Court:

  • Banned the use of barium salts in crackers

  • Permitted only green crackers with reduced emissions

  • Restricted the timing for bursting crackers (e.g., 8–10 PM on Diwali)

  • Directed state pollution control boards to enforce compliance

The Court emphasized the “balancing of rights”—between the right to religious freedom (Article 25) and the right to life (Article 21)—asserting that celebration cannot override public health.

Earlier, in cases like MC Mehta v. Union of India and Subhash Kumar v. State of Bihar, the Apex Court held that the right to live includes the right to environmental protection. These rulings empower the State to frame regulations under environmental laws like the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.

While Article 25 guarantees religious freedom, it is subject to public order, morality, and health. Therefore, regulating crackers is constitutionally valid when public health is at risk.

In conclusion, the judiciary has rightly emphasized that environmental protection is essential for the enjoyment of life itself. Legal regulations during festivals are not restrictions on religion but necessary measures to uphold the larger public good.

5. Value Addition Tips

✅ Diagram:

            Article 21: Right to Life
                   ↓
  Right to Clean Air & Environment (Judicial Interpretation)
                   ↓
     Legal Restrictions on Polluting Activities
          → Firecrackers Regulation

✅ Important Judgments to Mention:

  • Arjun Gopal v. Union of India (2018–2021) – Green crackers, bans, regulated timing.

  • MC Mehta v. Union of India – Various pollution-related PILs.

  • Subhash Kumar v. State of Bihar (1991) – Clean environment as a fundamental right.

✅ Laws:

  • Environment Protection Act, 1986

  • Air (Prevention and Control of Pollution) Act, 1981

  • Noise Pollution (Regulation and Control) Rules, 2000

✅ Stats/Examples:

  • Delhi’s AQI post-Diwali often exceeds hazardous levels (400–500+ AQI).

  • 2023: NCR states banned crackers due to pollution control GRAP Stage IV.

6. Common Mistakes to Avoid

Mistake How to Avoid
Only describing pollution effects without linking to Article 21 Always anchor your answer to the Constitution as asked.
Ignoring judicial rulings or citing wrong cases Mention key SC verdicts like Arjun Gopal.
Taking an emotional or biased stand (for/against festival practices) Maintain neutrality; focus on constitutional balance.
Not including environmental laws Quote relevant Acts to show legal backing.
Overshooting word limit or going off-topic Stick to core question: legal regulation, Article 21, and SC interpretation.

7. Linkages to Syllabus (Horizontal & Vertical)

GS Paper Linkage
GS Paper II - Fundamental Rights (Article 21, Article 25)- Role of Judiciary- Constitutional Provisions vs Religious Practices
GS Paper III - Environmental pollution and degradation- Laws and policies for environmental protection
GS Paper I - Indian culture and festivals (context of Diwali)
GS Paper IV (Ethics) - Conflict of rights: collective welfare vs individual freedom- Ethical governance and balancing public interest

Post a Comment