Sustainable Development and the Constitution of India
Economic Development- Poverty alleviation
Article 13 and Article 21 talk about the need for a balance between Environment protection and the Economic Development,
There is a ‘legitimate International Expectation” that the States should perform their activities in accordance with the activities in accordance with the objectives of Sustainable development even though it is not a legally binding obligation.
Vellore Citizens’ Welfare Forum v. Union of India
The development that meets the needs of the Present with out compromising the ability of the future generation to meet their own needs.
Integration of Development and Environment imperatives.
Development must have economic and ecological stability.
Indicate the way in which developmental planning must be approached.
Environmental and Development are means and not the ends in themselves.
For benefits of future generations, present generation must be modest in their exploitation of natural resources.
Article 21 and Sustainable Development
States have the Sovereign Rights to exploit their own resources pursuant to their own environmental policies.
However, these activities should not cause damages to other States or of areas beyond the Limits of National Jurisdiction.
This is done to create a International Customary legal obligation, the violation of which will have a legal remedy, under the maximsic utere tuo ut alienum non laedas which means use your own property in such a manner as not to injure that of another.