TABLE OF CONTENTS

Contents
LIST OF
ABBREVIATIONS....................................................................................................
INDEX OF
AUTHORITIES .....................................................................................................
STATEMENT OF
JURISDICTION ........................................................................................
STATEMENT OF
FACTS......................................................................................................
ISSUES
RAISED....................................................................................................................
SUMMARY OF
ARGUMENTS................................................................................................
ARGUMENTS
ADVACED........................................................................................................

1)Does the right to clean air fall within the ambit of article 21 of
the constitution, which guarantees the right to life and personal
liberty?
1.2) Article 21 of the Constitution
1.3) Judicial Interpretation Article 21
1.4) International Obligations

2)What additional measures should the government take to

control air pollution and protect the right to clean air?
2.1) Implementation of Comprehensive Clean Air Plans
2.2) Strengthening of Emission Standards
2.3) Promotion of Renewable Energy
2.4) Public Transportation and Non-Motorized Transport
2.5) Green Cover and Urban Planning

PRAYER………………………………………………………………………
………………………

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 LIST OF ABBREVIATIONS
SUPREME SC
COURT
HONOURABLE HON’’BLE
SUPREME SCC
COURT CASE
VESRSUS V.
UNION OF INDIA U. O. I

Index of Authority
Statues
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The constitution of India , 1950
Legal Databases
 Manupatra
 SCC online
 Indian kanoon

CASES

 Subhash Kumar v. State of Bihar (AIR 1991 SC 420)

 M.C. Mehta v. U. O. I (1988 SCR (2) 530)
 Virendra Gaur v. State of Haryana (1995 SCC (2)
577)
 M.C. Mehta v. U. O. I (1988(9) SCC 589)
 Vellore Citizens Welfare Forum v. U. O. I (1996(5)
SCC 647)
 Centre for environment Law , WWF-1 v. Union of
India (2013(8) SCC 234)
 M.C. Mehta v. Union of India (2001(3) SCC 763)
 T.N. Godavarman Thirumulpad v. Union of India
(2006(1) SCC 1)

Treaties
 Stockholm Declaration
 Rio Declaration
 Paris Agreement

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 STATEMENT OF JURISDICTION
The petitioner humbly submits this memorandum for the petition filed
before this Hon’ble court. The petition invokes its writ jurisdiction under
article 32 of the constitution of India .It set forth the facts and the laws on
which the claim are based.

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 STATEMENT OF FACT
I)New Delhi is ranked as one of the most polluted cities in the
world, with air quality levels often exceeding the limits set by the
World Health Organization (WHO). The primary sources of air
pollution in the city include vehicular emissions, industrial
pollution, construction activities, and crop burning in neighboring
states. The severe air pollution has led to an increase in
respiratory diseases, heart problems, and other health issues
among the residents, particularly affecting children and the
elderly. Despite government efforts to control air pollution, such
as implementing the odd-even vehicle scheme and closing coal-
fired power plants, the air quality situation remains critical.

II) Mr. A argues that air pollution violates the fundamental right
to life and personal liberty guaranteed under Article 21. They
seek immediate and comprehensive government action to control
air pollution and protect public health.

III) The Union of India contends that they are already taking steps
to control air pollution and plan to implement additional
measures to improve air quality. They argue that the right to
clean air should be balanced with other considerations, such as
economic development.

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 ISSUES RAISED
1)Does the right to clean air fall within the ambit of article 21 of
the constitution, which guarantees the right to life and personal
liberty?
2)What additional measures should the govt. take to control air
pollution and protect the right to clean air?

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 SUMMARY OF ARGUMENTS
1)Does the right to clean air fall within the ambit of article 21 of
the constitution, which guarantees the right to life and personal
liberty?
This written pleading under Article 32 of the Indian Constitution
seeks to enforce the fundamental right to clean air guaranteed
under Article 21. It argues that Article 21's right to life includes
the right to a healthy environment, citing landmark SC cases like
Subhash Kumar v. State of Bihar and M.C. Mehta v. Union of India,
which established that clean air is essential for a dignified life.
The petition also highlights India's international obligations under
treaties like the Stockholm and Rio Declarations, emphasizing the
State's duty to ensure clean air. It concludes by urging the Court
to recognize and enforce the right to clean air under Article 21,
requesting directives for immediate action to achieve this goal.

2)What additional measures should the government take to

control air pollution and protect the right to clean air?
The petitioner in this document proposes additional measures to
control air pollution beyond existing efforts. These include:

!) Implementation of Comprehensive Clean Air Plans: Developing

and executing plans with specific targets, timelines, and
accountability mechanisms for cities affected by severe air
pollution.
2)Strengthening of Emission Standards: Enforcing stricter
emission standards for industries, vehicles, and power plants to
align with international best practices.
3)Promotion of Renewable Energy: Encouraging the use of solar
and wind power to reduce reliance on fossil fuels.
4)Public Transportation and Non-Motorized Transport: Investing in
and promoting public transport and non-motorized options like
cycling to curb vehicular emissions.
5)Green Cover and Urban Planning: Enhancing urban green
spaces and adopting sustainable urban planning to counteract
the effects of air pollution.

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 ARGUMENTS ADVANCED
1)Does the right to clean air fall within the ambit of article 21 of
the constitution, which guarantees the right to life and personal
liberty?
1.1) Introduction
This petition is filed under Article 32 of the Constitution of India
for the enforcement of the fundamental rights guaranteed
under Article 21 of the Constitution. The petitioner submits that
the right to clean air falls within the ambit of Article 21, which
guarantees the right to life and personal liberty.
1.2) Article 21 of the Constitution
Article 21 of the Constitution of India states: “No person shall
be deprived of his life or personal liberty except according to
procedure established by law.” This article has been
expansively interpreted by the Hon'ble Supreme court to
include within its ambit a wide array of rights that are essential
for a dignified life.
1.3) Judicial Interpretation Article 21
The Hon'ble SC has, through various landmark judgments,
interpreted the right to life under Article 21 to include the right
to a healthy environment, including the right to clean air.
1.3.1) Subhash Kumar v. State of Bihar (AIR 1991 SC 420)
In this case, the SC held that the right to life guaranteed by
Article 21 includes the right to enjoyment of pollution-free
water and air for full enjoyment of life. The Court observed:
"The right to life is a fundamental right under Article 21 of the
Constitution and it includes the right of enjoyment of pollution-
free water and air for full enjoyment of life. 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 of water or air which
may be detrimental to the quality of life."
1.3.2) M.C. Mehta v. Union of India (1988 SCR (2) 530

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In this case, the SC recognized the right to a healthy
environment as part of the right to life under Article 21. The
Court issued several directives to control pollution and improve
the quality of air in Delhi. The Court stated:

Environmental pollution, ecological destruction and the

continuing harm they cause to health and well-being are issues
that concern all humanity. In recognizing this, the right to life
under Article 21, includes within its ambit, the right to a healthy
environment."

1.3.3) Virendra Gaur v. State of Haryana (1995 SCC (2) 577)

In this case, the SC reiterated that the right to life under Article
21 includes the right to a wholesome environment. The Court
observed:

Article 21 protects the right to life as a fundamental right.

Enjoyment of life and its attainment including their right to live
with human dignity encompass within its ambit the protection
and preservation of environment, ecological balance free from
pollution of air and water, sanitation without which life cannot
be enjoyed."

1.4) International Obligations

India is a signatory to several international treaties and

conventions that recognize the right to a clean and healthy
environment. These include the Stockholm Declaration, the Rio
Declaration, and the Paris Agreement. These international
commitments further reinforce the obligation of the State to
ensure clean air as part of the right to life under Article 21.

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2)What additional measures should the government take to
control air pollution and protect the right to clean air?
In addition to existing measures, the petitioner submits that the
following additional steps should be taken by the government
to effectively control air pollution and protect the right to clean
air:
2.1) Implementation of Comprehensive Clean Air Plans
The govt. should develop and implement comprehensive Clean
Air Plans for major cities and regions affected by severe air
pollution. These plans should include specific targets, timelines,
and accountability mechanisms for reducing pollution levels.
In M.C. Mehta v. Union of India (1998 (9) SCC 589), the SC
directed the Central and Delhi governments to formulate a
comprehensive action plan to control pollution in Delhi.
2.2) Strengthening of Emission Standards
The govt. should strengthen emission standards for industries,
vehicles, and power plants to ensure that they meet
international best practices. Regular monitoring and stringent
enforcement of these standards are crucial.
In Vellore Citizens' Welfare Forum v. Union of India (1996 (5)
SCC 647), the Supreme Court emphasized the need for
stringent standards and effective enforcement to control
industrial pollution.
2.3) Promotion of Renewable Energy
The govt. should promote the use of renewable energy sources
such as solar and wind power to reduce reliance on fossil fuels,
which are major contributors air pollution.
In Centre for Environment Law, WWF-I v. Union of India (2013
(8) SCC 234), the SC highlighted the importance of promoting
renewable energy to protect the environment.
2.4) Public Transportation and Non-Motorized Transport

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The govt. should invest in and promote public transportation
systems, as well as non-motorized transport options such as
cycling and walking, to reduce vehicular emissions.
In M.C. Mehta v. Union of India (2001 (3) SCC 763), the SC
directed the implementation of measures to improve public
transportation and reduce vehicular pollution in Delhi.
2.5) Green Cover and Urban Planning
The govt. should enhance urban green cover and implement
sustainable urban planning practices to mitigate the impact of
air pollution. This includes the creation of green belts, parks,
and the promotion of vertical gardens.
In T.N. Godavarman Thirumulpad v. Union of India (2006 (1)
SCC 1), the SC emphasized the importance of afforestation and
maintaining green cover for environmental protection.

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PRAYER
Wherefore in the light of the issue raised arguments advanced
and authorities cited, it is humbly requested that this Hon’ble
court may be pleased to adjudge and declare:
 The to life and personal liberty under article 21 of the
Indian constitution includes right to clean air.
 Direct union of India and relevant authorities to take
immediate and effective measures to control air pollution in
New Delhi and surrounding areas.
 Ensure adequate monitoring of air quality levels and timely
dissemination of information to public

And pass any such order, other order that it deems fit in the
interest of justice, equity and Good Conscience.
And for this, Petitioner as in Duty bound, shall humbly pray.

COUNSEL ON BEHALF OF THE

PETITIONER

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