What is Article 368 of Indian Constitution – Defination & Meaning
Article 368: Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding anything in this Constitution, Parliament may in
📚 UPSC Relevant
Article 48A of the Indian Constitution focuses on the environment, aiming to protect and improve it. The article mandates that the State should take steps to safeguard the forests and wildlife of India. This obligation reflects a growing awareness of the need for environmental protection in the face of rapid industrialization and urbanization. It affects everyone, as a healthy environment is key for the well-being of all citizens. The State’s responsibility extends to formulating policies that promote sustainable development and conservation practices. Real-world impact of Article 48A can be seen in various environmental policies and laws that have come into effect since its adoption. For instance, this article has influenced legislation related to wildlife protection, forest conservation, and pollution control. The States are encouraged to create parks and nature reserves, which not only protect biodiversity but also provide recreational spaces for the public. Additionally, this article forms the basis for many judicial decisions, where courts often reference it in cases related to environmental degradation. Exceptions to this article arise when development projects compromise environmental integrity. In certain cases, industries and infrastructure projects may be allowed, provided they adhere to environmental guidelines. However, this balance between development and conservation is often debated. The need for sustainable practices is becoming increasingly recognized, leading to a growing public consciousness about environmental issues. Article 48A thus plays a key role in shaping a more environmentally responsible society, emphasizing the State’s duty in preserving natural resources for future generations.
Article 48A was added to the Constitution by the 42nd Amendment in 1976 during the Emergency period. The amendment aimed to enhance environmental protection due to increasing pollution and ecological concerns. During the Constituent Assembly debates, members emphasized the importance of safeguarding natural resources for future generations. They recognized that industrial growth should not come at the expense of the environment. The Supreme Court has referenced this article in landmark cases such as ‘MC Mehta v. Union of India,’ reinforcing its role in ensuring ecological balance and environmental justice.
Consider the following statements regarding Article 48A of the Indian Constitution: A) It mandates the protection of wildlife exclusively. B) It encourages the State to improve the environment and conserve natural resources. C) It was enacted as part of the original Constitution in 1950. D) The article has no effect on environmental laws. Which statement(s) is/are correct? Provide a detailed explanation for your choice.
The correct answer is B. Article 48A encourages the State to improve the environment and safeguard wildlife. Option A is incorrect as it covers more than just wildlife. Option C is wrong because it was added in 1976, and option D is false since it directly influences environmental laws.
Article 48A mandates the State to protect and enhance the environment, which includes formulating and implementing policies for wildlife conservation and pollution control. The State is responsible for ensuring that development projects do not harm ecological balance. This article emphasizes the need for sustainability, encouraging practices that benefit both the environment and society.
The States are encouraged to create parks and nature reserves, which not only protect biodiversity but also provide recreational spaces for the public. Additionally, this article forms the basis for many judicial decisions, where courts often reference it in cases related to environmental degradation. Exceptions to this article arise when development projects compromise environmental integrity.
The Supreme Court plays a critical role in interpreting Article 48A in environmental litigation. It frequently references this article to enforce stricter regulations on pollution and environmental degradation. The Court’s judgments often emphasize the importance of ecological balance and the State’s duty to safeguard the environment, thereby reinforcing this article’s significance in legal contexts.
Article 368: Power of Parliament to amend the Constitution and procedure therefor (1) Notwithstanding anything in this Constitution, Parliament may in
Article 369: Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List
Article 366: Definitions In this Constitution, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned
Article 367: Interpretation (1) Unless the context otherwise requires, the General Clauses Act, 1897, shall, subject to any adaptations and modifications that
Article 364: Special provisions as to major ports and aerodromes (1) Notwithstanding anything in this Constitution, the President may by public notification
Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union Where any State has failed to comply with, or to give
Article 363: Bar to interference by courts in disputes arising out of certain treaties, agreements, etc. (1) Notwithstanding anything in this Constitution but
Article 363A: Recognition granted to Rulers of Indian States to cease and privy purses to be abolished Notwithstanding anything in this Constitution or in any
Article 361B: Disqualification for appointment on remunerative political post A member of a House belonging to any political party who is disqualified for
Article 362: Rights and privileges of Rulers of Indian States Omitted by the Constitution (Twenty-sixth Amendment)Act, 1971, s. 2 (w.e.f. 28-12-1971).
Article 361: Protection of President and Governors and Rajpramukhs (1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any
Explanation.—In this article, “newspaper” includes a news agency report containing material for publication in a newspaper.
Article 359A: Application of this Part to the State of Punjab Omitted by the Constitution (Sixty-third Amendment) Act, 1989, s. 3 (w.e.f. 6-1-1990).
Article 360: Provisions as to financial emergency (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of
Article 358: Suspension of provisions of article 19 during emergencies (1) While a Proclamation of Emergency declaring that the security of India or any part
Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies (1) Where a Proclamation of Emergency is in operation, the
Article 356: Provisions in case of failure of constitutional machinery in States (1) If the President, on receipt of a report from the Governor of a State or
Article 357: Exercise of legislative powers under Proclamation issued under article 356 (1) Where by a Proclamation issued under clause (1) of article 356, it
Article 354: Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation. (1) The President may, while a
Article 355: Duty of the Union to protect States against external aggression and internal disturbance It shall be the duty of the Union to protect every State
Article 352: Proclamation of Emergency. (1) If the President is satisfied that a grave emergency exists whereby the security of India or of any part of the
Article 353: Effect of Proclamation of Emergency. While a Proclamation of Emergency is in operation, then— (a) notwithstanding anything in this Constitution,
Article 350B: Special Officer for linguistic minorities. (1) There shall be a Special Officer for linguistic minorities to be appointed by the President. (2)
Article 351: Directive for development of the Hindi language. It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so
Article 350: Language to be used in representations for redress of grievances. Every person shall be entitled to submit a representation for the redress of
Article 350A: Facilities for instruction in mother-tongue at primary stage. It shall be the endeavour of every State and of every local authority within the
Article 348: Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc. (1) Notwithstanding anything in the foregoing
Article 349: Special procedure for enactment of certain laws relating to language. During the period of fifteen years from the commencement of this
Article 346: Official language for communication between one State and another or between a State and the Union. The language for the time being authorised
Article 347: Special provision relating to language spoken by a section of the population of a State. On a demand being made in that behalf the President may,
Article 344: Commission and Committee of Parliament on official language. (1) The President shall, at the expiration of five years from the commencement of
Article 345: Official language or languages of a State. Subject to the provisions of articles 346 and 347, the Legislature of a State may by law adopt any one
Article 342A: Socially and educationally backward classes (1) The President may with respect to any State or Union territory, and where it is a State, after
Article 343: Official language of the Union. (1) The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for
Article 341: Scheduled Castes (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the
Article 342: Scheduled Tribes (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the
Article 339: Control of the Union over the administration of Scheduled Areas and the welfare of Scheduled Tribes (1) The President may at any time and shall,
Article 340: Appointment of a Commission to investigate the conditions of backward classes (1) The President may by order appoint a Commission consisting of
Article 338A: National Commission for Scheduled Tribes (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the
Article 338B: National Commission for Backward Classes (1) There shall be a Commission for the socially and educationally backward classes to be known as the
Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community During the first three financial years after the
Article 338: National Commission for Scheduled Castes (1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the
Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts The claims of the members of the Scheduled Castes and the Scheduled Tribes
Article 336: Special provision for Anglo-Indian community in certain services (1) During the first two years after the commencement of this Constitution,
Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States Notwithstanding anything in article 170, the Governor of
Article 334: Reservation of seats and special representation to cease after certain period Notwithstanding anything in the foregoing provisions of this Part,
Article 331: Representation of the Anglo-Indian Community in the House of the People Notwithstanding anything in article 81, the President may, if he is of
Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States (1) Seats shall be reserved for the
Article 329A: Special provision as to elections to Parliament in the case of Prime Minister and Speaker Omitted by the Constitution (Forty-fourth Amendment)
Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (1) Seats shall be reserved in the House of the People