INTRODUCTION

In our rapidly advancing world, without a strong dedication to sustainability, environmental assets would deplete, leading to a turbulent existence. It is important to ensure that future generations do not suffer due to the various policies formulated for a country’s progress. Hence development has to be sustainable to safeguard our surroundings for future generations as well as this generation.  India has witnessed tremendous growth in the past few decades in the industrial sector which has been essential for the creation of employment opportunities for its large population. However, owing to this development there has been a consistent rise in pollution levels resulting in environmental issues. India has enacted various in order to safeguard the environment and achieve the goal of environmentally friendly development, is achieved it is necessary to analyze their effectiveness and the challenges faced in their implementation Further what is needed is an understanding of the global stand on environmental protection and India’s position about international efforts towards a sustainable society. The consistent increase in population has also resulted in food security concerns leading to unsustainable agricultural practices. 

Concept Of Sustainable Society 

 A sustainable society is one that safeguards the well-being and prosperity of both human existence and culture, as well as the natural environment’s resources, for both current and forthcoming generations. A sustainable society is defined as a society that is capable of fulfilling its requirements without jeopardizing the opportunities for future generations, as articulated by Lester Brown in 1981. This implies a society wherein we preserve the environment and use resources responsibly, ensuring that we pass on a thriving, serene, and plentiful Earth for future generations to enjoy. The notion of environmentally friendly development achieved global acknowledgement in 1972 at the UN Conference on Human Environment in Stokholm, which served as the very first worldwide meeting on environmental preservation and sustainable development. India actively participated in this event and committed to applying the principles outlined in the declaration at the regional level. Essentially, this marked the initial conscious effort by the Indian Government to combat issues of environmental pollution and unsustainable development. In the Indian context, this implies building a society that has sufficient resources for itself and that it uses those resources in a way that future generations are also left with adequate resources. As India moves towards becoming a developed nation, India is committed to ensuring environmental sustainability and has implemented measures to protect the ecosystem. As a signatory to the 2030 Agenda for Sustainability and Development, India actively participates in implementing and evaluating progress towards SDGs. It is the responsibility to monitor and evaluate their progress in achieving these goals at the national level until 2030. 

Constitutional Norms Relating to Achieving Sustainable Society 

The Indian Constitution does not specifically use the phrase “sustainable development” or “sustainable society” but it lays down several principles and provisions that are integral to the pursuit of sustainability and sustainable development. The Preamble of the Constitution begins with ‘We the People’ and outlines the aims and purposes of the Constitution. India is declared as a supreme, socialists, secular, and democratic nation. Socialism entails a constitutional emphasis on social welfare. The attainment of social welfare is impossible when individuals are compelled to exist in an unsanitary environment that poses a threat to their well-being and survival. Initially, the Constitution lacked explicit provisions regarding the preservation of the planet, and the word “environment” was absent from its text. With time as the environment became a global concern, various provisions were inserted in the constitution. Here are some constitutional norms and provisions that relate to achieving a sustainable society in India: 

Article 14: It guarantees the principle of equality, stating that the government cannot refuse any person equal treatment under the law and equal safeguarding of laws throughout India’s boarders, this implies that any action of the state cannot infringe upon the right to equality. The 1972 Stockholm Declaration acknowledged the importance of equality in environmental management.  

Article 19(1)(g): It grants the freedom of trade and commerce, but it is subject to reasonable restrictions, this is due to the fact that some businesses or occupations have the potential to endanger the planet, including plants, animals, marine life, and the well-being of people. No company or profession that causes damage to plants, animals, or people should be allowed to exist claiming it is a basic right. Hence, the entitlement to liberty in pursuing avocation, trade, or vocation is dependent on refraining from inflicting any kind of ecological damage. 

Directive Principles of State Policy (DPSPs)

Directive Principle of State policy, included in Part IV of the Constitution, are non-justiciable instructions that the government must follow. Multiple Directive Principle of State Policy (DPSPs) are pertinent to the concept of environmental sustainability: 

Article 39 (b) and (c) of the constitution aim to ensure equal distribution of tangible assets and prohibit the accumulation of wealth and control over the methods of production. 

Article 48A: According to Article 48-A, the State is obligated to make exert to preserve and enhance the ecosystem, and also conserve the woods and animals of the nation. This provision of the constitution bestows upon the state an ethical responsibility to save and enhance the ecosystem, making it one of those most crucial provisions. This indicates that it is imperative for the authorities to implement comprehensive steps to safeguard the natural world that mitigate its degradation Government cannot cause harm to the environment at the cost of development. In this way, Article 48-A confers a moral duty on the state to thrive for Sustainable development. M.C. Mehta v. Kamal Nath, The SC, in this particular case, stated that environmental pollution constitutes a civil offence, inherently constituting harm against the entire community. The Court emphasised that pollution is a form of tort committed against the collective well-being. Therefore, an individual responsible for causing pollution is obligated to provide compensation for the restoration of the environment and ecology.  

Article 47: This article focuses on raising the standard of living, which is essential for a sustainable society. Ayushman Bharat Yojna, launched in the year 2018 by the Narendra Modi government, aims to provide health insurance to low-income earners.

Article 21: This Article ensures that no person may be deprived of their life or personal liberty without due process of law. The SC construed this to include the entitlement to a healthful and pleasant environment, resulting in noteworthy judicial rulings and progressions in environmental legislation. The court in the case of Damodhar Rao v. Muncipal Corporation Hyderabad held that environment pollution is a violation of the fundamental right to life.

Article 48: It facilitates the use of contemporary and scientific methods in livestock husbandry and agriculture, in accordance with environmentally friendly farming methods. The CNG Vehicles  Case, wherein a petition was filed regarding environmental pollution due to emissions of toxic gases from industries and vehicles praying that directions be issued to owners of vehicles emitting toxic gases. The Supreme Court determined that Articles 39, 47, and 48A jointly impose an obligation  and primary responsibility of the State is to protect and ensure the well-being of the general population’s health.  enhance environmental conditions. Court emphasized that a fundamental aspect of environmental law is the promotion of sustainable development, particularly ecologically sustainable development. Article 51A of the Indian Constitution mandates that every person has the responsibility to safeguard and enhance the surroundings, which encompasses water bodies, forests, and animals, and to demonstrate empathy for all living beings. This section is very crucial since it imposes a moral obligation on individuals to save and enhance the natural world. In the legal matter of Charan Lal Sahu case Article 51A (g) safeguards the rights to life, clean air, clean water, and personal liberty, and it is the foremost obligation of the state to uphold these rights. 

Role of the Indian Judicial System 

The Indian judiciary has played a pivotal role in advancing environmental conservation and fostering sustainable development initiatives in the nation. The court has underscored the significance of an unspoiled environment, uncontaminated drinking water, and an atmosphere free from pollution as integral components of the right to life via public interest litigation in  Vellore Citizen’s Welfare Fourm case rejected in regards to the development and ecological are contradictory and emphasized the importance of sustainable development as the resolution According to the Rio Declaration of 1992, every state is urged to apply this principle to the best of its capacity in order to safeguard the environment.

CONCLUSION

The pursuit of a sustainable society is more than a choice; it is a constitutional responsibility for nations around the world, aligning with the global agenda for environmental preservation and social fairness. India, with its rich cultural and ecological setting, embodies this duty through a variety of actions, including the incorporation of environmental protection into the Constitution, the promotion of renewable energy, and programmers for rural development and biodiversity conservation. However, issues remain, such as growing urbanization, pollution, and socioeconomic inequities. To genuinely establish a sustainable society, collaborative endeavors at the local, national, and worldwide scales are necessary to advance innovative strategies, facilitate the exchange of technologies, and engage the community. By integrating constitutional mandates with actual actions, nations can steer towards a future in which environmental integrity and human well-being coexist, ensuring a sustainable legacy for future generations. 

REFERENCES

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AUTHOR : Avantika Srivastava ,4th year/ 8th Semester, B.A.LL.B  Student of Integral University
E- mail: avantikasrivastava907@gmail.com

CO- AUTHOR: Satya Vrat Pandey 4th year/ 8th Semester, B.A.LL.B  Student of Integral University
E- mail: pandeysatyavrat63@gmail.com