Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judgement(s) of the Apex Court in this regard. (UPSC 2015)
Yes. The right to a clean environment is part of Article 21, which protects life and personal liberty with dignity. Since bursting crackers adds air and noise pollution, the State can impose reasonable limits, especially when public health is at risk.

- Constitutional basis: Article 21 is read with Article 48A and Article 51A(g), which require environmental protection and citizen duty.
- Judicial view: In Subhash Kumar, the Court held that pollution-free air and water form part of Article 21. In M.C. Mehta, it linked clean environment with the right to life and allowed restrictions on polluting activities.
- Diwali-specific ruling: In Arjun Gopal, the Supreme Court restricted harmful firecrackers, allowed only less polluting green crackers, and fixed time limits for bursting them.
Thus, the right to celebrate Diwali is not absolute. It must be balanced with others’ right to health and clean air, so lawful and proportionate regulation on crackers is constitutionally valid.
Originally written on
August 30, 2026
and last modified on
August 30, 2026.