Abstract

Air pollution is one of the major environmental threats in the world, and nowadays the impact of air pollution affects major cities. India is a major contributor to air pollution in the world, with the highest pollution rates. This not only affects the living organisms that inhale the air, but it’s gradually affecting both the economy and society. The main victims of this pollution are less immune people and older people; the chances of causing problems for them are easy. So this paper delves into constitutional mandates concerning urban air quality with special reference to constitutional provision article 21 and control measures in India. Article 21 protects the right to life and personal liberty as fundamental rights. The right to life word mentioned in this article has broad meaning enough to include the right to a pollution-free environment, so it includes clean air as a fundamental right. The judiciary today upholds the importance of adding clean air under Article 21. The role of Judiciary is vital for a pollution-clean environment. This article starts by looking into a comprehensive view of the status quo of urban air pollution in India, focusing on its adverse effects and impacts on public health, environmental sustainability, and economic productivity. Next, focus on the constitutional frameworks that provide protection to the environment and the evolution of Article 21 and its impacts on environmental protection. In landmark judgements like McMehta v. Union of India and Subash Kumar v. State of Bihar, the paper elucidated the judicial interpretation of Article 21 and its implications for pollution controls. Furthermore, this also examines constitutional mandates and other excusive legislation, such as the Environmental Protection Act of 1986 and the Air Prevention and Control Act of 1981, to examine its mechanisms for addressing urban air quality threats. And also highlights the role of international covenants and agreements such as the Stockholm Declaration and the Paris Agreement in shaping Indian pollution laws and legal obligations. So by examining the legal provisions, judicial pronouncements, and policy initiatives, this article finds out the strengths, limitations, and potential gaps in the existing legal frameworks for controlling urban air quality. Furthermore, it is looking into the practices of other jurisdictions about pollution control to escalate the constitutional mandate for pollution control in India. Finally, the paper combines legal studies, environmental science, and public policy to help us understand constitutional provisions for air quality. It also provides information to policymakers, lawyers, and environmental activists to reduce the effects of air pollution on humans and nature.

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