Question

Which of the following cases laid down the principle that the right to life under Article 21 of the Constitution includes the right to a clean environment?

• A. Maneka Gandhi v. Union of India
• B. Subhash Kumar v. State of Bihar
• C. Vishaka v. State of Rajasthan
• D. Olga Tellis v. Bombay Municipal Corporation

Hint:

The Supreme Court connected 'Right to Life' (Article 21) with a dignified existence, which is impossible without a healthy environment. Subhash Kumar is a key case that formally recognized the right to a clean environment as a fundamental right.

Answer 1

The Correct Option is B

Through a series of judgments, the Supreme Court has interpreted the 'Right to Life' under Article 21 in an expansive manner. In the case of Subhash Kumar v. State of Bihar (1991), the Court explicitly held that the Right to Life includes the right to the enjoyment of pollution-free water and air for the full enjoyment of life. The Court stated that if anything endangers or impairs that quality of life in derogation of laws, a citizen has the right to have recourse to Article 32 of the Constitution for removing the pollution.