Article 48A Constitution – Protection and improvement of environment and safeguarding of forests and wild life

¹[The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.]

Comments

Environmental LawDecades-old encroachments in the Agasthyamalai tiger reserves and Kanyakumari sanctuary, including by 118 government employees, cannot be left indefinitely on humanitarian grounds; protecting forests is a non-negotiable mandate of Articles 21, 48A and 51A(g) and conservation must be eco-centric. Time-bound eviction plans, a halt to welfare amenities in encroached areas, action and restitution charges against employee encroachers and removal of structures from tiger habitats were ordered, with rehabilitation to be structured. — A. John Kennedy v. State of Tamil Nadu, 2026 INSC 605.

Environmental LawThe State must protect reserved forests as ecological systems and carbon sinks, but eviction of long-settled occupants must follow lawful, non-arbitrary procedure. — Abdul Khalek v. State of Assam, 2026 INSC 140; AIR 2026 SC 933.

Environmental LawFollowing Godavarman, Zudpi Jungle lands in Maharashtra are forest land under the Forest Conservation Act, and non-forest use needs Central approval. Allotments before 12 December 1996 may be regularised without compensatory afforestation or NPV; later ones need Central approval and action against erring officers. Commercial encroachments after 1980 must be cleared within two years, unallotted land is to pass to the Forest Department, small isolated parcels are to be notified as protected forests, and the CEC will monitor compliance. — In Re: Zudpi Jungle Lands, 2025 INSC 754.

Environmental LawThe State must protect water bodies and restore those that have been illegally filled in. — Mirza Abid Beg v. State of U.P., Supreme Court, 2024.

Environmental LawConstitutional courts must ensure that environmental bodies have adequate infrastructure and staff, and will monitor them so that ecology is protected and enriched. — In Re: T.N. Godavarman Thirumulpad v. Union of India, Supreme Court, 2024.

Article 48A Constitution Protection and improvement of environment and safeguarding of forests and wild life

Judgments on Article 48A

State of Kerala & Ors. v. M/s. Kerala Rare Earth & Minerals Limited & Ors.

Court On Its Own Motion v. Union Of India

T N Godavarman Thirumulpad v. Union Of India