Advanced International Journal for Research

E-ISSN: 3048-7641   •   Impact Factor: 9.11

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Volume 7 Issue 3
May-June 2026

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Air Pollution in Delhi and the Right to Life under Article 21: A Constitutional and Comparative Study

Author(s) Dr. Rohit Kumar, Ms. Kajal
Country India
Abstract Air pollution has emerged as one of the most critical environmental and public health challenges in contemporary India, with Delhi frequently recording hazardous air quality levels. The present study examines the right to breathe clean air as an integral component of the fundamental right to life under Article 21 of the Constitution of India. The study analyzes the constitutional and legal framework relating to environmental protection, judicial interpretation of environmental rights, governance challenges, and pollution control mechanisms with special reference to Delhi’s air pollution crisis. The research adopts a qualitative, analytical, doctrinal, and comparative methodology based primarily on secondary sources including constitutional provisions, environmental legislations, judicial decisions, government reports, policy documents, and academic literature. The study further undertakes a comparative analysis of environmental governance models in Indore and selected international examples including China, Norway, the United Kingdom, and the European Union to identify effective environmental governance practices and sustainable policy approaches.
The findings reveal that despite strong constitutional protections, judicial activism, and environmental legislations, Delhi continues to face severe pollution crises due to fragmented institutional coordination, weak implementation mechanisms, reactive governance approaches, and inadequate long-term environmental planning. The study highlights that sustainable environmental governance requires preventive policy measures, technological modernization, renewable energy transition, public participation, scientific monitoring, and integrated institutional reforms. The study concludes that the right to breathe clean air must be recognized not merely as an environmental concern but as a fundamental constitutional and human right essential for public health, environmental justice, sustainable development, and human dignity.
Keywords Right to Clean Air, Article 21, Environmental Governance, Air Pollution, Delhi, Sustainable Development, Environmental Justice
Field Sociology > Politics
Published In Volume 7, Issue 3, May-June 2026
Published On 2026-05-29
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E-ISSN 3048-7641
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