Environmental Law

Unit-1

The ‘Environment’ constitutes our surroundings and affects our ability to live on the earth. It comprises
of the air we breathe, the water that covers most of the earth’s surface, the plants and animals around us,
and much more. Environment is an essential element in the lives of humans. Destruction of environment
can affect the livelihood of the people. Environmental laws are essential to protect the environment from
exploitation of man-made activities. It ensures and provides guidelines to the people on conducting
activities that might harm the environment. The laws are amended according to the problems faced by the
country. Environment laws are not constant, they are evolving concept. The legislation and judiciary has
contributed and shown great concern regarding environmental laws by passing important legislations and
landmark judgements respectively.

MEANING OF ENVIRONMENT

The word ‘environment’ is derived from the French word ‘environner’, which means ‘to encircle’ or to
surround. In other words environment can be defined as the sum total of all the living and non-living
things and their effects that influence human life.

It is the living ecosystem that maintains the existence of human life. Destruction of the environment can
lead to various calamities. In order to prevent such disaster or calamities, laws are implemented to protect
the environment for the livelihood of present and future generations

It is the sum total of water, air and land and the interrelationships that exist among them with human
beings, other living organisms and materials.

The geographical meaning of environment is as follows:

It is a combination of living and non-living things and their mutual interaction with each other which
leads to an ecosystem. The environment encompasses all living and non-living things occurring naturally
on earth.

The Honourable Supreme Court has the following definition of ‘environment’:

“Environment” is a difficult word to define. Its normal meaning relates to the surroundings, but
obviously, that is a concept which is relatable to whatever object it is, which is surrounded. Environment
is a polycentric and multifaceted problem affecting the human existence.

According to Environmental Protection Act, 1986:-

Section 2(a) states that environment includes water, air and land and the inter-relationship which exists
among and between water, air and land, and human beings, other living creatures, plants and property.

Environmental Issues Faced in India

The main environmental issues faced in India are pollutions namely air pollution, water pollution, noise
pollution, disposing chemical waste improperly, leakage of harmful gases, etc. are just few among the
environmental problems.

Pollutions refer to imbalance caused in the environment through the actions of humans. This imbalance
can lead to health-related issues which can affect the future generations. It is caused by man-made
activities. It is necessary to protect the environment because the present generations are mere care-takers
of the future generations. It is their responsibility to give the earth to the future in a proper and healthy
manner.

The term ‘pollution’ refers to unfavourable alteration to our surroundings, wholly or largely as a by-
product of human’s action through direct and indirect effects of changes in energy pattern, chemical and
physical construction and abundance of organisms. Thus, it is the addition of any foreign material to
water, air or soil, which may change immediately or after some time, the natural properties of these basic
constituents further causing some unfavourable change by making them unfit and injurious.
Industrialization, poverty, populationexplosion, urbanization, over-exploitation of resources, etc. are some
of the factors which have contributed to environmental deterioration.

Water Pollution

Water pollution is the contamination of water bodies with man-made affluents, chemicals, waste, etc.
Such disposal is harmful for humans and the living organisms in such water-bodies. There are instances
of where the court has stopped an industry from functioning due to improper disposable of waste in the
locality. The effect of water pollution often leads to death, skin rashes, pinkeye, respiratory infections,
tuberculosis, etc. Three-fourth of the Earth is covered with water. But less than 1% of the earth’s
freshwater is accessible to us.

Air Pollution:

“Air pollution is the release of pollutants such as gases, particles, biological molecules, etc. in to the air
that is harmful to human health and the environment.” In other words, it refers to the contamination of air
by harmful gases, dust and smoke which affect biotic and abiotic things. It is necessary to maintain the
correct amount of gases present in the atmosphere such as 78% of nitrogen, 21% of oxygen and the
remaining is other gases. When there is an increase of other gases in the atmosphere it can result in global
warming, ozone layer depletion, cancer diseases, breathing issues, skin problems, acid rains, asthma, etc.

For example: Delhi is the existing example of air pollution. It causes a new weather in Delhi know as
smog which is a mixture of smoke (emitted from vehicles, factories and other sources) and fog. It causes
serious health issues for the people living there.

Noise/Sound Pollution

Noise pollution refers to that unwanted sound that interferes with a person’s peaceful existence. India is a
developing country. Movement of people and goods for such economic and urban development is
necessary. As a result, there is immense noise produced by the trains, buses, vehicles, trucks, airplanes,
huge rallies for various reasons, etc. In residential areas we can see loud music played by residents. High
noises levels can lead to cardiovascular and permanent hear impairment. It can even cause change in the
behavioural aspect of a person. It can cause stress, lack of sleep, and other harmful effects on the health of
an individual. Moreover, this earth not only belongs to humans. Loud noises can frighten animals as well;
it can cause sudden heart attacks to such animals.
Land Pollution

This pollution is on-process and the effects such pollution will be evident at an unexpected situation. The
land is abused and deteriorating constantly. This is caused by the solid wastes, untreated chemical
affluents, etc. In other words, it is the degradation or destruction of the soil and groundwater.

Land Pollution

This pollution is on-process and the effects such pollution will be evident at an unexpected situation. The
land is abused and deteriorating constantly. This is caused by the solid wastes, untreated chemical
affluents, etc. In other words, it is the degradation or destruction of the soil and groundwater.

Land Pollution

This pollution is on-process and the effects such pollution will be evident at an unexpected situation. The
land is abused and deteriorating constantly. This is caused by the solid wastes, untreated chemical
affluents, etc. In other words, it is the degradation or destruction of the soil and groundwater.

Solid Wastes Pollution

Wastes are the materials that are not needed and are economically unusable without further processing.
‘Solid wastes’ includes agricultural wastes, ashes, bio-medical wastes, body parts of dead animals, dry or
wet garbage from domestic activities which may contain plastics, metals, woods, glass, paper, detergents,
industrial wastes, mining wastes etc

Food Pollution (Food Adulteration)

All living beings require food to obtain energy from which they carry on their daily activities. If the food
consumed is polluted or adulterated it will have injurious effects on the consumer’s health. The pollution
of food begins by use of chemical fertilizers and various pesticides at different stages of plant growth.
These chemicals directly or indirectly affect the quality of food and affects health of the consumer. Food
also gets polluted during processing, storage, packaging and transportation.

Thermal Pollution

Temperature plays an important role in determining the conditions in which living organisms can survive.
Any undesirable, harmful change in natural temperature disturbing the natural heat balance of the
surroundings is called ‘Thermal Pollution’.

Nuclear (Radioactive) Pollution

One of the most important and dangerous types of pollution is ‘nuclear pollution’. ‘Nuclear pollution’ is
produced by nuclear explosion which arecarried out for performing nuclear tests and which is further used
for making nuclear weapons. Due to these explosions about 15 to 25% of the radioactive particles enter
into the atmosphere. Once they enter into the atomsphere they continue to fall on the earth for several
years. The best example is the Hiroshima Atomic Bombings.

ENVIRONMENT PROTECTION
 Environmental protection is a practice of protecting the natural environment at individual, organizational
or governmental levels, for the benefit of the natural environment and humans. Due to the pressures of
population and technology, the biophysical environment is being degraded, either partilly or permanently.
This has been recognized, and governments have begun placing restraints on activities that cause
environmental degradation. Since the 1960’s, movements for the protection of environment have created
awareness about the various environmental issues. There is no agreement on the extent of environmental
impact on human activity, and protection measures are occasionally criticized.

Environmental protection is influenced by three interwoven factors: environmental legislation, ethics and
education. Each of this factor plays its part in influencing national-level environmental decisions and
personal-level environmental values and behaviors. For environmental protection to become a reality, it is
important for societies to develop each of these areas.

NEED FOR PROTECTION OF ENVIRONMENT

The need for protection of environment can eailsy be understood from the following facts: z One billion
people in the world have no clean water z Two billion people have inadequate facilities of sanitation z
One and a half billion people (mostly in large cities of newly industrialized countries) breathe air that is
dangerously unhealthy and so on. The human beings as well as animals need clean food and water, and in
order to have clean food and water, it is necessary to protect the ecosystem that make survival possible. If
we do not stop pollution, it is sure that the world will come to an end.

LEGAL MECHANISM IN RELATION TO ENVIRONMENT PROTECTION

‘Environmental Law’ is an instrument to protect and improve the environment and to control or prevent
any act or omission polluting or likely to pollute the environment. An environmental legal system is
essentially a set of laws and administrative rules which regulate the relationships and conflicts between all
the people concerned with the environment, as well as defining the relationships between people and the
environment itself. The Honourable Supreme Court in K. M. Chinnappa v. Union of India defined
“Environmental Law” as an instrument to protect and improve the environment and control or prevent
any act or omission polluting or likely to pollute the environment. In the Constitution of India, it is clearly
stated that it is the duty of the State to “protect and improve the environment and to safeguard the forests
and wildlife of the country”. It imposes a duty on every citizen “to protect and improve the natural
environment including forests, lakes, rivers, and wildlife”. Reference to the environment has also been
made in the Directive Principles of State Policy (Part IV) as well as the Fundamental Rights (Part III).
The Department of Environment was established in India in 1980 to ensure a healthy environment for the
country. This later became the Ministry of Environment and Forests in 1985

Ministry of Environment and Forests (MoEF)

The Ministry of Environment & Forests (MoEF) is the nodal agency in the administrative structure of the
Central Government for planning, promotion, co-ordination and overseeing the implementation of India’s
environmental and forestry policies and programmes. The primary concerns of the Ministry are
implementation of policies and programmes relating to conservation of the country’s natural resources
including its lakes, rivers, biodiversity, forests and wildlife, ensuring the welfare of animals, and the
prevention and abatement of pollution. The broad objectives of the Ministry are:
 Prevention and control of pollution;
 Protection of the environment; and
 Ensuring the welfare of plants & animals.
The Constitution of India

The ‘Right to Life’ contained in Article-21 of the Constitution of India includes the right to clean and
human environment. It means you have the right to live in a clean and healthy environment.

Article-38 of our Constitution requires State to ensure a social order for the welfare of people, which can
be obtained by an unpolluted and clean environment only.

Article-48A of the Constitution requires the State to adopt the Protectionist policy as well as
Improvinistic Policy. Protectionist policy imposes ban on those things which lead to environmental
degradation, e.g. ban on use of leaded petrol, ban on use of plastic bags etc. Improvinistic policy refers to
alternatives that can be used for improvement of environment, e.g. use of CNG or low sulphur fuel, tree
plantation in industrial areas etc.

Article-48A of the Constitution declares “The State shall endeavour to protect and improve the
environment and safeguard forests and wildlife of the country.” Article-51A(g) of the Indian Constitution
says: “It shall be the duty of every citizen of India to protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have compassion for living creatures.”

The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the prevention
and control of water pollution, and for maintaining or restoring of wholesomeness of water in the country.
This is the first law passed in India whose objective was to ensure that the domestic and industrial
pollutants are not discharged into rivers, and lakes without adequate treatment. The reason is that such a
discharge renders the water unsuitable as a source of drinking water as well as for the purposes of
irrigation and support marine life. In order to achieve its objectives, the Pollution Control Boards at
Central and State levels were created to establish and enforce standards for factories discharging
pollutants into water bodies.

The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981 was enacted to provide for the prevention,
control and abatement of air pollution in India. It is a specialised piece of legislation which was enacted to
take appropriate steps for the preservation of natural resources of the earth, which among other things
include the preservation of the quality of air and control of air pollution. The prime objectives of the Act
are the following:

 Prevention, control and abatement of air pollution;

 Establishment of central and state pollution control boards to implement the aforesaid purpose; and
 To maintain the quality of air.
The Environment Protection Act, 1986

It was the Bhopal Gas Tragedy which necessitated the Government of India to enact a comprehensive
environmental legislation, including rules relating to storing, handling and use of hazardous waste. On the
basis of these rules, the Indian Parliament enacted the Environment Protection Act, 1986. This is an
umbrella legislation that consolidated the provisions of the Water (Prevention and Control of Pollution)
Act of 1974 and the Air (Prevention and Control of Pollution) Act of 1981. Within this framework of the
legislations, the government established Pollution Control Boards (PCBs) in order to prevent, control, and
abate environmental pollution. The objective of the Environment Protection Act is to protect and improve
the environment in the country.

Bhopal Disaster

The Bhopal disaster, also referred to as the Bhopal Gas Tragedy, was a gas leak incident in India,
considered one of the world’s worst industrial disasters. It occurred on the night between 2nd and 3rd
December, 1984 at the Union Carbide India Limited (UCIL) pesticide plant in Bhopal, Madhya Pradesh.
Over 500,000 people were exposed to methyl isocyanate gas and other chemicals. The toxic substance
made its way in and around the shanty-towns located near the plant. Estimates vary on the death toll. The
official immediate death toll was 2,259. The government of Madhya Pradesh confirmed a total of 3,787
deaths related to the gas release. According to other estimates, around 8,000 died within two weeks and
another 8,000 or more have since died from gas-related diseases. A government affidavit in 2006 stated
the leak caused 558,125 injuries including 38,478 partial disabling injuries and approximately 3,900
severe and permanent disabling injuries.

The Noise Pollution (Regulation and Control) Rules, 2000

There was no direct provision for ‘noise pollution’ under the Environment Protection Act, 1986 or any
other legislation. The increasing ambient noise levels in public places from various sources like industrial
activity, generator sets, loud speakers, vehicular horns etc. have harmful effects on human health. It was
the need of the hour to come with a law which would regulate and control noise producing sounds with
the objective of maintaining the ambient air quality standards in respect of noise. Therefore, the Central
Government framed ‘The Noise Pollution (Regulation and Control) Rules, 2000’. These rules have been
laid down by the government to reduce environmental noise pollution. Certain standards, such as the
ambient air quality standards, have been set by the government. The permissible levels of noise are
different for different areas, such as industrial, commercial, residential areas and silence zones (area
within the vicinity of hospitals, educational institutions or courts).

The Public Liability Insurance Act, 1981

This Act aims to provide immediate relief to the persons affected by accident occurring while handling
any hazardous substance. It provides that every owner shall take out, before he starts handling any
hazardous substance, one or more insurance policies providing for contracts of insurance. The objective
of taking insurance is that the compensation resulting from the possible future accident is guaranteed. The
collector of the area has been empowered to verify the occurrence of any accident at any place within his
jurisdiction and also cause publicity to be given for inviting applications from the victims for any
compensation. Apart from the insurance contract, the funding for the purpose of compensation is also
generated by the Central Government by the establishment of “Environment Relief Fund.” This fund may
be utilized by the collector for paying the compensation.

The National Environment Tribunal Act, 1995

This Act is aimed to provide for strict liability for damages arising out of any accident occurring while
handling any hazardous substance and for the establishment of a National Environment Tribunal for
effective and expeditious disposal of cases arising from such accident, with a view to giving relief and
compensation for damages to persons, property and the environment and for matters connected with it.
The beauty of this Act lies in the fact that the liability of the owner of hazardous substance has been made
strict in case of any accident and the resultant injury to public. In any claim for the compensation, the
claimant is not required to plead and establish that the death, injury or damage in respect of which the
claim has been made was due to any wrongful act, neglect or default of any person. So, the burden of
proof does not rest upon the claimant of compensation which is a big relief for the victims.

The National Environment Appellate Authority (NEAA) Act, 1997

The National Environment Appellate Authority (NEAA) was set up by the Ministry of Environment and
Forests to address cases in which environment clearance is required in certain restricted areas. It was
established by the National Environment Appellate Authority Act 1997 to hear appeals with respect to
restriction of areas in which any industries, operations, processes or class of industries, operations or
processes shall or shall not be carried out, subject to certain safeguards under the Environment Protection
Act, 1986.

The Ozone Depleting Substances (Regulation and Control) Rules, 2000 The Ozone Depleting Substances
(Regulation and Control) Rules have been laid down for the regulation of production and consumption of
ozone depleting substances. The main objective of this rule is protection of the Ozone layer. The rule
restricts unauthorized sale, purchase, import, export and use of ozone depleting substance. ‘Ozone
Depleting Substances’ (ODS) are the products which lead to the depletion of ozone layer. CFC
(CHLOROFLUOROCARBON) is an example of ODS.

Pollution Control Board

The Pollution Control Boards are statutory bodies constituted with an objective to protect and promote the
atmosphere and to control pollution.

The Central Pollution Control Board

The Central Pollution Control Board (CPCB) a statutory organisation, was constituted in September, 1974
under the Water (Prevention and Control of Pollution) Act, 1974 to deal with the rise in pollution.
Further, CPCB was entrusted with the powers and functions under the Air (Prevention and Control of
Pollution) Act, 1981. Principal functions of the CPCB:

1. to promote cleanliness of streams and wells in different areas of the States by prevention, control and
abatement of water pollution, and
2. to improve the quality of air and to prevent, control or abate air pollution in the country.

Other Functions of the Central Board

 Advise the Central Government on any matter concerning prevention and control of water and air
pollution and improvement of the quality of air.
 Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of
water and air pollution.
 Provide technical assistance and guidance to the State Boards, carry out and sponsor investigation and
research relating to problems of water and air pollution, and for their prevention, control or
abatement.
 Prepare manuals, codes and guidelines relating to treatment and disposal of sewage and trade
effluents as well as for stack gas cleaning devices, stacks and ducts.
 Lay down or modify (in consultation of the State Governments), the standards for streams or wells
and lay down standards for the quality of air.
The State Pollution Control Boards

The State Governments also have their Pollution Control Boards for example, UPPCB (Uttar Pradesh
Pollution Control Board), DPCC (Delhi Pollution Control Board), HPCB (Haryana State Pollution
Control Board), RPCB (Rajasthan Pollution Control Board), etc.

Functions of State Boards

 To advise the State Government on matter relating to pollution and on ‘siting’ of industries;
 To plan programmes for pollution control;
 To collect and disseminate information;
 To carry out inspection of polluting industries and areas;
 To lay down effluent and emission standards; and
 To issue consent to industries and other activities for compliance of prescribed emission and effluent
standards

Every human being or animal requires food, clean water and clean air to make its survival possible. The
various legislations, rules with respect to the protection and promotion of environment are:

1. The Water (Prevention and Control of Pollution) Act, 1974;

2. The Air (Prevention and Control of Pollution) Act, 1981;
3. The Environment Protection Act, 1986;
4. The National Environmental Act, 1995;
5. The Noise Pollution (Regulation and Control) Rules, 2000;
6. The Public Liability INsurance Act, 1981;
7. The National Environment Appellate Authority (NEAA), 1997; and
8. The Ozone Depleting Substances (Regulation and Control) Rules, 2000.
The Central Pollution Control Boards are constituted under the Water (Prevention and Control of
Pollution) Act, 1974, to deal with rise in pollution.

Constitution of India and Environmental Law

Originally, the Constitution of India which came into force on 26th January, 1950, contains no
specific provisions for environmental protection.Soon after the Stockholm Conference, many
Acts were introduced i.e. Wildlife Act, 1972; Water Act, 1974; Air Act, 1981 etc. within five
years of Stockholm Declaration, the Constitution of India was amended to include Protection and
Improvement of Environment as constitutional mandate. The protection and improvement of
environment is now a fundamental duty under Constitution Act of 1976. Indian Constitution is
one of the very few constitutions in the world, which provides for specific provision for the
protection and improvement of the Environment. The constitution, being the fundamental law of
the land has a binding force on citizens, non – citizens as well as the State. The Fundamental
Rights and the Directive Principles of the State Policy underline our national commitment to
protect and improve the environment.
Preamble of the Constitution and Environmental Law

The preamble of our Constitution provides that our country is based on “Socialistic” pattern of
society, where the State pays more attention to the social problems than on any individual
problems. Environmental pollution which has emerged as one of the biggest social problems is
being regarded as a real problem affecting the society at large and thus state is under an
obligation to fulfil the basic aim of socialism, that is, to provide decent standard of living to all
which can be possible from a pollution free environment.

The preamble further declares that, the great rights and freedoms which the people of India
intended to secure all citizens include justice, social, economic and political. Justice also includes
environmental justice. Although the particular word environment does not find a place here, we
can very well interpret this to include environmental justice. Environment as a subject matter has
entered in our day to-day life in such a way that we cannot ignore deliberations on environmental
matters when discussing about socio-economic or socio-political scene of the country.

Fundamental Rights

In part III of the constitution Articles 15(2) (b), Article 21 and provide for specific provision for
environmental protection.

Public is entitled to the use of Environment

Article 15(2)(b):- According to Art. 15(2) (b), “No citizen shall, on grounds only of religion,
race, caste, sex, place of birth or any of them be subjected to any disability, liability, restriction
or condition with regard to: the use of wells, bathing ghats, roads and places of public resort,
maintained wholly or partly out for state funds or dedicated to the use of general public”. In
simple words, Art. 15(2) prohibit discrimination on the ground of sex, race, religion, caste, place
of birth etc. to make use of the public places the general public. The public places, which are part
and parcel of the human environment, should be made available to the public. The preamble to
our constitution ensures socialistic pattern of the society and decent standard of life, which can
be pollution free environment.

Right to live in a healthy Environment

Article 21:- According to Article 21 of the constitution, “no person shall be deprived of his life
or personal liberty except according to procedure established by law”. Article 21 is the heart of
the fundamental rights and has received expanded meaning from time to time after the decision
of the Supreme Court in Maneka Gandhi vs. Union of India 1). Article 21 guarantees a
fundamental right to life, a life of dignity to be lived in a proper environment, free of danger of
disease and infection. Further the A.P. High Court in T. Damodar Rao vs. S.O., Municipal
Corporation, Hyderabad 2) laid down that right to live in healthy environment was specially
declared to be part of Art. 21 to the Constitution.

Dehradun Quarrying Case

  The right to live in a healthy environment as part of Article 21 of the Constitution was
first recognized in the case of Rural Litigation and Entitlement Kendra vs. State of
U.P3). It is the first case of this kind in India, involving issues relating to environment and
ecological balance.
 The R.L. & E. Kendra and others in a letter to the Supreme Court complained about the
illegal / unauthorized mining in the Missouri, Dehradun belt. As a result, the ecology of
the surrounding area was adversely affected and it led to the environmental disorder.
 The Supreme Court treated the letter as writ petition under Art. 32 of the Constitution and
directed to stop the excavation (illegal mining) under the Environment (Protection) Act,
1986. The respondents contended / argued that the write petition was registered in 1983
and the Environment (Protection) Act was passed in 1986 and hence the criminal
proceedings cannot be initiated with retrospective effect.
 The court rejected the contention of the respondents and held that the provisions of
procedural law shall apply to ordinary criminal cases and not to the environmental cases.
The court directed the Central and State Governments to take necessary steps to prevent
illegal mining and to re-afforesation in the area of mining.

Oleum Gas Leak Case

 In M.C. Mehta vs. Union of India 4) – The Supreme Court treated the right to live in
pollution free environment as a part of fundamental right to life under Art. 21 of the
Constitution. The scope of the judgement was very significant in the history of enviro-
legal cases. It set the Indian Supreme Court to be the protector of the environment under
Article 21, which is no more a mere fundamental right of life, but of quality, pollution
free and a safe life.

Directive Principles

The Indian Government enacted the 42nd Amendment of the Constitution bringing in an
amendment in these articles to protect the environment. The amendment brought in the Article
48A and Article 51A (1) (g) in the Constitution of India concentrating on protection of the
environment.

Article 48A was associate addition to the Directive Principles of State Policy. It states that “the
State shall endeavour to protect and improve the environment and to safeguard the forests and
wildlife of the country”. The Article explains that it is the duty of the state to protect the natural
environment and improve the environment by various methods of preservation in order to reduce
the pollution already caused. It also mentions that it is the duty of the state to safeguard the forest
and the wildlife surrounding the country.

Fundamental Duties

The 42nd Amendment in 1976 added a new part IV- A dealing with Fundamental Duties in the
Constitution of India. Article 51-A of this part enlists 11 fundamental duties. This part was added
on the recommendations of the Swarn Singh Committee bringing the Constitution of India in line
with Article 29(1) of the Universal Declaration of Human Rights.

Article 51-A (g) specifically deals with the fundamental duty with respect to environment. It
provides: It shall be the duty of every citizen of India to protect and improve the natural
environment including the forests, lakes, rivers and wildlife, and also to have compassion for
living creatures. Article 51-A (j) further provides: It shall be the duty of every citizen of India to
strive towards excellence in all spheres of individual and collective activity, so that the nation
constantly rises to higher level of endeavor and achievements.

The basic motive behind the fundamental duties is to inculcate a sense of responsibility among
the people and to promote their participation in restructuring and building a welfare society. The
protection of the environment is a constitutional priority and it is the concern of every citizen.

Article 51-A (g) is the fundamental duty of every citizen to protect and improve natural
environment. But, in the present scenario pollution is not only caused by exploiting the natural
environment but otherwise also. In modern industrialized civilization such a concept may seem
to be a misnomer. It is submitted that the word natural before the word environment is to be
understood in a broad sense. Nature gave us the environment pollution free. The fundamental
duty of every citizen is not only to protect the environment from any kind of pollution but also to
improve the environmental quality if it has been polluted.

Thus, the underlined emphasis of this fundamental duty is that every citizen has a duty to make
an endeavour to preserve the environment in the same way as it was given to us by nature. Now,
we come to the question of ensuring the compliance of these fundamental duties. When they
were incorporated in the Constitution in the year 1976, it was considered that the fundamental
law of the land reminds the citizens of their constitutional obligations. They cannot be directly
enforced.

However, in due course of time, the judicial activism provides an impetus to achieve the
underlined objectives of the fundamental duties, particularly, Article 51-A (g) relating to the
environment. The interrelationship between Articles 48, 48-A and 51-A (g) of the constitution
has been explained by the Supreme Court in the State of Gujarat v. Mirzapur Moti Kureshi
Kassab Jamat.

In L.K Kollwal V State of Rajasthan, a straightforward writ petition by voters of Jaipur

compelled the municipal authorities to produce adequate sanitation. The court observes that once
each national owes a constitutional duty to safeguard the surroundings 5), the national should be
conjointly entitled to enlist the courts aid in imposing that duty against recalcitrant State
agencies. The Court gave the administration six month to wash up the complete town, and laid-
off the plea of lack of funds and employees.

Distribution of Legislative Power

Article 246 of the Constitution divides the subject areas of legislation between the Union and the
States.
The Union List (List I) includes defence, foreign affairs, atomic energy, intestate transportation,
shipping, air trafficking, oilfields, mines and inter-state rivers.

The State List (List II) includes public health and sanitation, agriculture, water provides,
irrigation and emptying, fisheries.

The Concurrent list (List III) (under that each State and also the Union will legislate) includes
forests, protection of wildlife, mines and minerals and development not coated within the Union
List, population control and factories.

From an environmental stand, the allocation of legislative authority is a crucial one – some
environmental drawback like sanitation and waste disposal, square measure best tackled at the
native level; others, like pollution and wildlife protection, square measure higher regulated
uniform national laws.

According to Article 249 the Parliament has residual power to legislate on subjects not covered
by the three lists. There are about 200 Central and State Legislation on environmental protection.
The most important environmental legislations, passed by the parliament under Article 249 of the
Constitution are The Water (Prevention and Control of Pollution) Act, 1974; The Air (Prevention
and Control of Pollution) Act, 1974; The Air (Prevention and Control of Pollution) Act, 1981;
and the Environment (Protection) Act, 1986.

Laws to Implement International Obligations

Article 253 of the Constitution empowers Parliament to create laws implementing India's
international obligations furthermore as any call created at a global conference, association or
alternative body.

Article 253 states: nevertheless something within the preceding provision provisions of this
chapter, Parliament has power to create any law for the complete or any a part of the territory of
India for enacting any treaty, agreement or convention with the other country or countries.

The Tiwari Committee in 1980 put forward an idea for a brand new entry on “environmental
Protection” to be introduced within the concurrent list to be modified by the centre to enact on
environmental subjects, as there was no direct entry in the 7th seventh enables Parliament to
enact comprehensive environment laws. The recommendation, however, did to consider