Dr.

Ram Manohar Lohia National Law University

B.A.LL.B (Hons.)VI Semester (2019-2020)

Law of Environment
Study Material

Part -I

Compiled By

Dr.Aman Deep Singh

RMLNLU
 Objectives:

After studying this material you should be able to:

 Connect with the topic we were covering in class (Planning and

Environment Protection in India).
 Trace in brief the evolution of environment legislation in India.
 Know the subjects related to environment in the 7th Schedule of the
Constitution.
 Understand in brief the present legal framework for environment protection
in India.

1.FIVE YEAR PLANS ON ENVIRONMENTAL ISSUES

Fourth Plan (1969-74)

The problems related to environment received Government’s attention for the first time in
India’s Fourth Plan (1969-74). This document has laid down:

“Planning for harmonious development recognises the unity of nature and man.Such planning is
possible only on the basis of a comprehensive appraisal of environmental issues. There are
instances in which timely, specialised advice on environmental aspects could have helped in
project design and in averting subsequent adverse effect on the environment leading to loss of
invested resources. It is necessary, therefore, to introduce the environmental aspect into our
planning and development .
Sixth Plan (1980-1985)

Accepting the recommendations of Tiwari Committee, Department of Environment was set up

on November 1, 1980 by the Government and the department was assigneed the following
functions:

o To act as a nodal agency for environmental protection and ecodevelopment

in the country.
o To carry out environmental appraisal of development projects through
other ministries/agencies as well as directly.
o To have administrative responsibility for:
– Pollution monitoring and regulation.
– Conservation of critical ecosystems designated as Biosphere Reserves.
– Conservation of marine ecosystem.
Major activities in the areas of water and air pollution control were undertaken this includes
Environment Impact Assessment (EIA), natural living resource conservation, ecological studies
by the Botanical Survey of India (BSI) and Zoological Survey of India (ZSI), environmental
information, education, training and awareness programme.
A ten year review in respect of appendices on flora for CITES prepared.
An integrated study of the Ganga basin was completed. The integrated River Basin Studies for
the Brahmaputra, Indus and Narmada were proposed to be taken up.
The Wildlife Institutes are set up in 1982-83 for building up of scientific knowledge on wildlife
research.

Seventh Plan (1985-1990)

Significant progress under the Ganga Action Plan, forestry and wildlife, wasteland
development, and island development sectors.
Programme on waste recycling and prevention of coastal pollution were initiated.
Environment Impact Assessment (EIA) of major river valleys and hydroelectric, mining,
industrial and thermal power projects were carried out through Environmental Appraisal
Committee.
National Forest Policy was formulated in 1988 with the principal aim of ensuring
environmental stability and maintenance of the ecological balance.
Implementation of the 10 point National Wildlife Plan initiated.
Considerable increase in the total area is brought under afforestation programme and the
National Development Board set up in 1985.
Eighth Plan (1992-1997)

Activities for abatement of pollution are undertaken which included management and operation
of national air and water quality network, controlling pollution at sources, river basin studies,
hazardous waste management; development of criteria for eco-labeling of consumer products,
remedial measures for vehicular pollution; training of personnel engaged in controlling pollution
and organising nationwide awareness programme for prevention and control of pollution,
promoting adoption of Clean Technologies in small scale industries.
Incentives were provided to adopt efficiency enhancing and waste minimisation practices like
enhancement of cess rates on water consumption, duty concessions on import of certain pollution
control equipment, accelerated depreciation on pollution abatement equipment.
Various carrying capacity studies (Doon Valley, National Capital Region), on improving
methodology and techniques of EIA are carried out.
BSI and ZSI surveys conducted.
Scheme on Biodiversity Conservation was initiated in 1991-92.
Programme such as Man and Biosphere Programme, The environmental Research Programme
and research on climate change was undertaken.
More than 5000 clubs launched for providing environmental education amongst children.
National River Conservation Plan was approved in 1995.
Several steps for afforestation and eco-development were undertaken.

Ninth Plan (1997-2002)

Programme under the above Plan included attempts to phase out lead in motor spirit and
improvement in quality of high speed diesel.
Area specific programmes are stressed upon like National River Conservation Programme that
started National Lake Conservation Programme. Taj Trapezium, schemes to protect Himalayan
ecosystem and biodiversity, programmes for sustainable development of islands; Islands
Development Authority (IDA) was constituted in 1998.
Initiatives towards strengthening, environmental statistics and mapping, management of
biosphere reserves, biodiversity conservation, environmental education and training was
undertaken.
Schemes similar to 8th Plan for afforestation, wetland development are also formulated.
Tenth Plan (2002-2007)

Reconciliation of population and economic growth with environmental

conservation perceived as an urgent necessity.
Action plans to be initiated for reducing pollution levels.
Management of hazardous wastes through collection, processing and disposal to be given
priority.
Emphasis is laid on environmental educational education amongst masses through the
involvement of NGOs and Youth educational institutes.

Eleventh Plan (2007-2012)

The Monitorable Socio-Economic Targets of the 11th Plan for Environment in

India are:
Increase forest and tree cover by 5 percentage points.
Attain WHO standards of air quality in all major cities by 2011-12.
Treat all urban waste water by 2011-12 to clean river waters.
Increase energy efficiency by 20 percentage points by 2016-17.

Twelfth Plan (2012-17)

 Increase green cover by 1 million hectare every year.

 30,000 MW renewable energy during Five Year Period.
 Emission intensity of GDP to be reduced to 20-25% of 2005 levels by 2020

NITI Aayog (since 1 January 2015)

Focus : Achievement of Sustainable Development Goals(SDG)

Brief History of Environmental Legislation in India:

In India, the need to integrate environmental concerns into the process of economic development
was voiced as far back as in the late 1960s, during the formulation of the 4th Five-Year Plan
(1969-74), which stated that “Planning for harmonious development is possible only on the basis
of a comprehensive appraisal of environmental problems”. Integration of environmental resource
management with national economic planning started with the 6th Five Year Plan (1980-85). The
7th and 8th Five Year Plans recognized the issues of environmental resource preservation and
sustainability as being as important as many other developmental objectives. The policies,
enunciated in the National Conservation Strategy and Policy Statement on Environment and
Development, and the Policy Statement on Control of Pollution, both established in 1992, were
pursued in the 9th Five Year Plan. Assigning conservation a high priority both at the Central and
State levels, the 10th Five Year Plan (2002-07) also sought to tackle environmental degradation
in a holistic manner in order to ensure both economic and environmental sustainability.

The Constitution of our country spells out the responsibilities and duties with regard to
environmental protection under various Articles as stated below:

a) The State's responsibility with regard to environmental protection has been laid down under
Article 48-A of our Constitution, which reads as follows: "The State shall endeavour to protect
and improve the environment and to safeguard the forests and wildlife of the country".

b) Environmental protection is a fundamental duty of every citizen of this country under Article
51-A(g) of our Constitution which reads as follows: "It shall be the duty of every citizen of India
to protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures."
c) The principle of sustainable development has been linked to ‘right to life’ under Article 21 of
the Constitution which is a Fundamental Right.

d) The State's responsibility with regard to raising the level of nutrition and the standard of living
and to improve public health has been laid down under Article 47 of the Constitution which
reads as follows: "The State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary duties …… "

e) The subjects related to environment in the 7th Schedule of the Constitution have been
enumerated below:

Union List Entries

52 Industries.

53 Regulation and development of oil fields and mineral oil resources.

54 Regulation of mines and mineral development.

56 Regulation and development of inter-State rivers and river valleys.

57 Fishing and fisheries beyond territorial waters.

State List Entries

6 Public health and sanitation.

14 Agriculture, protection against pest and prevention of plant diseases.
18 Land, colonisation, etc.
21 Fisheries.
23 Regulation of mines and mineral development subject to the provisions of List-I.
24 Industries subject to the provisions of List-I.
Common or Concurrent List Entriesr Concurrent List Entries

17A Forests.
17B Protection of wild animals and birds.
20 Economic and social planning.
20A Population control and family planning

Stockholm Declaration of 1972 was the first real foundation for environmental protection.
Enactment of the Water Act, 1974 provided for the institutionalization of pollution control
machinery by establishing Boards for prevention and control of pollution of water. The State
Water Pollution Control Boards were to initiate proceedings against infringement of
environmental law, without waiting for the affected people to launch legal action. The WC Act,
1977, supplemented the Water Act, 1974 by requiring specified industries to pay cess on their
water consumption.

With the passing of the Air Act, 1981, the need was felt for an integrated approach to pollution
control. The Water Pollution Control Boards doubled up to deal with air pollution as well, and
were renamed the CPCB and the SPCBs. The Bhopal Gas leak disaster of December 1984
precipitated the consolidation of environmental regulation with enactment of an umbrella
legislation - The EP Act, 1986.

The EP Act vested powers with the central government to initiate measures to control pollution
and protect the environment. This umbrella law empowers the central government to regulate
emission and effluent standards, restrict sites for industrial use, prescribe procedures and
safeguards for prevention of accidents, and handling of hazardous waste, investigate and research
pollution issues, conduct on-site inspections, establish laboratories, and collect and disseminate
information. The Environment (Protection) Rules, 1986, were subsequently notified to facilitate
the exercise of powers conferred on the SPCBs by the Act. The EP Act in 1986 and the
amendments to the Air Act and Water Act in 1987 and 1988 respectively, expanded the ambit of
the SPCBs functions.
After enactment of the EP Act, 1986, a large number of statutes and subordinate legislations
came into existence as the issues became better identified – for example, Handling and
Management of Hazardous Waste Rules in 1989 and 2008, Public Liability Insurance Act,
1991, EIA Notification 1994 & 2006, CRZ Notification, 1991 and 2011, Biodiversity Act,
2002, National Green Tribunal Act, 2010, etc., which have further strengthened and expanded
the environmental governance process in the country.

The seven-fold objectives of NEP 2006 include conservation of critical environment resources,
inter-and intra-generational equity, integration of environmental concerns in economic and social
developments, efficiency in environmental resources use, environmental governance and
enhancement of resources for environmental conservation.

The policy recognises that environmental protection is an integral part of the development
process, requiring a precautionary approach through economic efficiency on the basis of the
concept of polluter pays, equity, legal liability and integration of environmental consideration in
sectoral policy.

The policy sets the stage for carrying out regulatory reforms through revisiting policy and
legislation; process related reforms for eliminating delays in the clearances contemplated under
various legislations, and to realise decentralisation of environmental functions by way of
ensuring greater transparency and accountability.
 Present Legal Framework – For the sake of convenience, the general legal framework now
available in India for the protection of the environment has been presented below in the form of a
chart.

LEGAL FRAMEWORK
FOR
PROTECTING
ENVIRONMENT

CONSTITUTIONAL GENERAL
SPECIFIC ACTS/RULES NATIONAL GREEN
MANDATE LEGISLATION
TRIBUNAL ACT

EPA 1986 WATER ACT 1974

ARTICLE 21 (AMMENDMENT IN 1988)

ARTICLE 48 A AIR ACT 1981

(AMMENDMENT IN 1988)
ARTICLE 51(A)g
WILDLIFE PROTECTION
ACT 1972

THE FOREST
CONSERVATION ACT1980

PUBLIC LIABILITY
INSURANCE ACT (1991)

BIODIVERSITY ACT (2002)

EIA NOTIFICATION (2006)

CRZ NOTIFICATION (2011)