Question

Under the Constitution of India ‘Right to Pollution Free Environment’ has emerged as a fundamental right from the right to__
A)Freedom of movement under article 19
B)Equality under article 14
C)Life and personal liberty under article 21
D)Conserve culture under article 29

Answer 1

Hint: The Indian constitution has 6 fundamental rights. These rights are justiciable in nature and are guaranteed by the Constitution itself.

Complete Step by Step answer:
To attempt this question, let us look at all the options that have been given to us.Freedom of movement under article 19 allows a citizen to move from one state to another and to any place within the state. There are exceptions to this freedom of movement in Scheduled areas.Equality under article 14 states that no person would be denied protection of law in Indian territory and that every person would be equal in front of the law. This is to ensure that no person is above the law .Article 29 ensures that no person is denied admission in educational institutions on the grounds of religion, race, caste and language. It also gives the freedom to any section of people residing in India and having a distinct culture, script or language to conserve the same.Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. In the Menaka case of 1978 the Supreme court ruled that right to life and personal liberty should be understood in a broader sense and not just as mere animal existence. It said that the right to life should ensure the right to all those factors which make life complete and meaningful. Thus, in subsequent judgements, the right to life and personal liberty has been expanded to include various other rights like right to privacy, dignity as well as right to pollution free environment.

Therefore the correct answer is option (C).

Note: This Right to Pollution Free Environment is not to be confused with the Article 48A of Directive Principles of State Policy, which puts a duty on the State to protect and improve the environment and further to safeguard the forests and wildlife.Article 51(A) g puts a fundamental duty on the citizens to protect and preserve the environment.