IDEAS home Printed from https://ideas.repec.org/p/uct/ecriwp/21.html

Constitutional Environmental Human Rights in India: Negating a Negating Statement

Author

Listed:
  • Christopher Jeffords

    (University of Connecticut)

Abstract

Based on the December 2011 version of the Constitution of India, this article examines 3 potential ways to “interpret” the legal strength of a broadly defined national constitutional environmental human right. Using text from Articles 43, 47, 48A, and 51A, and paying special attention to the negating statement preceding these articles, the 3 ways are summarized as follows: (1) having or not a constitutional environmental human right; (2) interpreting the constitutional environmental human right as enforceable law or directive principles; and (3) linking the language of the constitutional environmental human right to the underlying definition of an environmental human right. The article notes that although India’s constitution contains a constitutional environmental human right that is best described as a directive principle, its language does not correspond highly with that of current definitions of environmental human rights. Furthermore, its legal strength is severely limited by the presence of the negating statement which, at the very least, would need to be repealed or negated to give life to constitutional environmental human rights in India.

Suggested Citation

  • Christopher Jeffords, 2012. "Constitutional Environmental Human Rights in India: Negating a Negating Statement," Economic Rights Working Papers 21, University of Connecticut, Human Rights Institute.
  • Handle: RePEc:uct:ecriwp:21
    as

    Download full text from publisher

    File URL: https://media.economics.uconn.edu/working/21.pdf
    File Function: Full text
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Shareen Hertel, 2015. "Hungry for Justice: Social Mobilization on the Right to Food in India," Development and Change, International Institute of Social Studies, vol. 46(1), pages 72-94, January.
    2. Shareen Hertel & Corinne Tagliarina, 2012. "Regional Party Politics and the Right to Food in India," Economic Rights Working Papers 20, University of Connecticut, Human Rights Institute.
    3. repec:wbk:wbpubs:6014 is not listed on IDEAS
    4. Christopher Jeffords & Farhed Shah, 2011. "On the Natural and Economic Difficulties to Fulfilling the Human Right to Water," Economic Rights Working Papers 17, University of Connecticut, Human Rights Institute.
    5. Susan Randolph & Sakiko Fukuda-Parr & Terra Lawson-Remer, 2009. "Economic and Social Rights Fulfillment Index: Country Scores and Rankings," Working papers 2009-27, University of Connecticut, Department of Economics.
    6. repec:wbk:wbpubs:2315 is not listed on IDEAS
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Sudha Narayanan Narayanan & Nicolas Gerber, 2016. "Safety Nets for Food and Nutritional Security in India," FOODSECURE Working papers 37, LEI Wageningen UR.
    2. Sudha Narayanan & Nicolas Gerber, 2015. "Social safety nets for food and nutritional security in India," Indira Gandhi Institute of Development Research, Mumbai Working Papers 2015-031, Indira Gandhi Institute of Development Research, Mumbai, India.
    3. Susan Randolph & Elizabeth Kaletski, 2018. "Securing Economic and Social Rights: Obstacle or Handmaiden to Growth?," Economic Rights Working Papers 26, University of Connecticut, Human Rights Institute.
    4. Kjersti Skarstad & HÃ¥vard Strand, 2016. "Do human rights violations increase the risk of civil war?," International Area Studies Review, Center for International Area Studies, Hankuk University of Foreign Studies, vol. 19(2), pages 107-130, June.
    5. Dipa Sinha, 2021. "Hunger and food security in the times of Covid-19," Journal of Social and Economic Development, Springer;Institute for Social and Economic Change, vol. 23(2), pages 320-331, September.
    6. Yelda Yucel, 2022. "Capabilities Indicators for Human Rights Cities in Turkey: A Gender-Specific Approach," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 159(2), pages 495-522, January.
    7. Susan Randolph & Michelle Prairie & John Stewart, 2009. "Economic Rights in the Land of Plenty: Monitoring State Fulfillment of Economic and Social Rights Obligations in the United States," Economic Rights Working Papers 12, University of Connecticut, Human Rights Institute.
    8. Arellano-Esparza, Carlos Alberto, 2025. "Política social y bienestar objetivo en México: un análisis desde los derechos sociales," SocArXiv 59e6m_v1, Center for Open Science.
    9. Christopher Jeffords, 2011. "Constitutional Environmental Human Rights: A Descriptive Analysis of 142 National Constitutions," Economic Rights Working Papers 16, University of Connecticut, Human Rights Institute.
    10. Rao, Nitya & Marzi, Emma & Baudish, Isabel & Laila, Amar & Conti, Costanza & Hicks, Christina C., 2025. "Citizen voice and state response in the context of food system transformations," Food Policy, Elsevier, vol. 134(C).
    11. Shareen Hertel, 2015. "Hungry for Justice: Social Mobilization on the Right to Food in India," Development and Change, International Institute of Social Studies, vol. 46(1), pages 72-94, January.
    12. Elizabeth Kaletski & Lanse Minkler & Nishith Prakash & Susan Randolph, 2014. "Does Constitutionalizing Economic and Social Rights Promote their Fulfillment?," Economic Rights Working Papers 23, University of Connecticut, Human Rights Institute.
    13. Shareen Hertel & Corinne Tagliarina, 2012. "Regional Party Politics and the Right to Food in India," Economic Rights Working Papers 20, University of Connecticut, Human Rights Institute.
    14. Carmen Herrero & Ricardo Martínez & Antonio Villar, 2019. "Population Structure and the Human Development Index," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 141(2), pages 731-763, January.
    15. Jeffords, Chris, 2021. "On the relationship between constitutional environmental human rights and sustainable development outcomes," Ecological Economics, Elsevier, vol. 186(C).
    16. Camille Parguel & Jean-Christophe Graz, 2021. "Food Can’t Be Traded: Civil Society’s Discursive Power in the Context of Agricultural Liberalisation in India," Indian Council for Research on International Economic Relations (ICRIER) Working Paper 405, Indian Council for Research on International Economic Relations (ICRIER), New Delhi, India.

    More about this item

    Keywords

    ;
    ;
    ;

    JEL classification:

    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • Q50 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Environmental Economics - - - General
    • Q56 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Environmental Economics - - - Environment and Development; Environment and Trade; Sustainability; Environmental Accounts and Accounting; Environmental Equity; Population Growth

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:uct:ecriwp:21. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Mark McConnel (email available below). General contact details of provider: http://www.humanrights.uconn.edu/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.