ENVIRONMENTAL LAW

1. Examine the nature of environmental law. Is it a public law or private law? (10)

Environmental law is a broad field that encompasses principles, policies, directives, and
regulations enacted and enforced by local, national, or international entities to regulate human
treatment of the nonhuman world. It covers a wide range of topics in diverse legal settings.
In essence, environmental law is designed to protect the environment from damage and to
explain the legal consequences of such damage towards governments or private entities or
individuals. It includes environmental regulations, laws governing management of natural
resources, such as forests, minerals, or fisheries, and related topics such as environmental impact
assessments.
Given its nature and purpose, environmental law falls under the category of public law. Public
law governs the relationship between individuals and the state, and it administers the relationship
between the government and individuals. It includes constitutional law, administrative law, and
criminal law. Environmental law, being concerned with the regulation of human treatment of the
environment and the management of natural resources, fits within this framework. Therefore,
environmental law is a form of public law that aims to protect the public interest by ensuring the
sustainable use and preservation of natural resources and the environment.

Environment Law as Public Law

Environmental law is considered public law because it is a collective term encompassing aspects
of law that focus on protecting the natural environment, human health, and natural resources1. It
is a complex web of regulations, policies, and statutes designed to address issues such as air and
water quality, waste management, and pollution control.
The purpose of environmental law is to protect human health, preserve the environment for
present and future generations, and ensure sustainable development. These laws are implemented
and enforced by various government agencies.

Public participation is a fundamental aspect of environmental law, ensuring that individuals and
communities have a say in decisions that affect their health and the environment. This makes
environmental law a crucial component of modern society.
In India, the need for protection and conservation of the environment and sustainable use of
natural resources is reflected in the constitutional framework of India and also in the
international commitments of India. Environmental protection is mentioned in the Indian
Constitution as part of Directive Principles of State Policy as well as Fundamental Duties.
Thus, environmental laws are public laws as they are enacted by the government, enforced in
public interest, and they regulate the relationship between the individual and the state in matters
that affect the environment and public health.

Environment Law: Nature & Purpose

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The principles of environmental law provide a framework for understanding its nature and
purpose. Here’s how:
● Public Trust Doctrine: This principle emphasizes that the environment and natural
resources are a public asset, managed by the government for the benefit of all. This aligns
with the public law nature of environmental law, as it involves the relationship between
the state and individuals.
● Precautionary Principle: This principle advocates for proactive action in the face of
potential environmental harm. This underscores the preventive and protective role of
environmental law.
● Polluter Pays Principle: This principle holds that those who cause environmental
damage should bear the costs of that damage. This reflects the regulatory and punitive
aspects of environmental law, which seeks to deter harmful actions and ensure
accountability.
● Sustainable Development: This principle seeks to balance economic development with
environmental preservation. This highlights the balancing role of environmental law,
which aims to harmonize human activities with the need to protect and sustain the
environment.

In summary, these principles illustrate that environmental law is a form of public law that seeks
to regulate human interaction with the environment, prevent and redress environmental harm,
and balance development with sustainability. It is a dynamic and evolving field that responds to
emerging environmental challenges and strives to safeguard the environment for present and
future generations.

2. Define the term environment and explain the factors responsible for causing
environmental pollution along with different types of pollution. (15)
3. Explain the meaning and kinds of environmental pollution. Enumerate the factors
responsible for causing environmental pollution in the current era. (15)
4. Enumerate the various remedies available against environmental pollution along
with procedures. (15)

“The environment will continue to deteriorate until pollution practices are abandoned.”
-B F Skinner

Pollution refers to the introduction of harmful contaminants into the natural environment,
causing adverse changes. These contaminants can be substances (solid, liquid, or gas) or energies
(like radioactivity, heat, sound, or light). Environmental pollution, a major issue for humanity
and other life forms, is the contamination of the earth’s physical and biological components to an
extent that normal environmental processes are adversely affected.

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In the context of environmental law, the Environment Protection Act, 1986 in India defines
“environment” as the inter-relationship among water, air, and land, and their interaction with
human beings, other living creatures, plants, microorganisms, and property. This definition
acknowledges the interconnectedness of the natural world and the impact of human activities on
it while “environmental pollution” is defined as the presence of environmental pollutants in the
environment, where these pollutants are any substances in solid, liquid, or gaseous form that are
harmful to the health of living beings. This definition recognizes that pollution can take various
forms and can significantly impact the environment and the health of living beings.

Types of Environmental Pollution

The major forms of pollution are listed below along with the particular contaminants relevant to
each of them:
● Air Pollution
○ Air pollution is a mixture of solid particles and gasses in the air.
○ Car emissions, chemicals from factories, dust, pollen, and mold spores may be
suspended as particles.
○ Common gaseous pollutants include carbon monoxide, sulfur dioxide,
chlorofluorocarbons (CFCs), and nitrogen oxides produced by industry and motor
vehicles.
● Water Pollution
○ Water pollution occurs when toxic substances enter water bodies such as lakes,
rivers, oceans, and so on, getting dissolved in them, lying suspended in the water,
or depositing on the bed.
○ Common pollutants include discharges of untreated sewage, and chemical
contaminants, release of waste and contaminants into surface runoff flowing to
surface waters, groundwater pollution from waste disposal and leaching into the
ground.
● Soil Pollution
○ It is the presence of toxic chemicals (pollutants or contaminants) in soil, in high
enough concentrations to pose a risk to human health and/or the ecosystem.
○ The contaminants include metals, inorganic ions and salts (e.g., phosphates,
carbonates, sulfates, nitrates), and many organic compounds (such as lipids,
proteins, DNA, fatty acids, hydrocarbons, PAHs, alcohols, etc.)
● Thermal Pollution
○ Thermal pollution, sometimes called “thermal enrichment,” is the degradation of
water quality by any process that changes ambient water temperature.
○ A common cause of thermal pollution is the use of water as a coolant by power
plants and industrial manufacturers.
○ Deforestation eliminates shade, which exposes the water to sunlight.

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 ○ Water on hot paved surfaces gets hot, then runs off into nearby bodies of water,
raising the water temperature. Retention ponds can also be a source of thermal
shock because the relatively small and shallow bodies of water can absorb quite a
bit of heat energy from the sun.
● Noise Pollution
○ Noise pollution happens when the sound coming from planes, industry, or other
sources reaches harmful levels.
○ WHO Noise Environmental Burden on Disease working group found that noise
pollution may contribute to hundreds of thousands of deaths per year by
increasing the rates of coronary heart disease.
○ Underwater noise pollution coming from ships has been shown to upset whales’
navigation systems and kill other species that depend on the natural underwater
world.
● Light Pollution
○ Light pollution is the excess amount of light in the night sky.
○ Light pollution, also called photo-pollution, is almost always found in urban
areas.
○ Light pollution can disrupt ecosystems by confusing the distinction between night
and day.
● Land Pollution
○ This involves the decline in the quality of the earth’s land surfaces in terms of use,
landscape, and ability to support life forms.
○ Land pollution takes place when waste and garbage are not disposed of in the
right manner thus, introducing toxins and chemicals on the land.
○ Also, Mineral exploitation equally leads to a decline in the quality of the earth’s
land surfaces.

Sources of Environmental Pollution

● Nature of Pollution Sources
○ Point Source Pollution
Enters a water body at a specific site and is generally readily identified. Potential point sources
of pollution include effluent discharges from sewage treatment works and industrial sites, power
stations, landfill sites, fish farms, and oil spillage via a pipeline from industrial sites.
○ Diffuse Pollution
Arises where substances are widely used and dispersed over an area as a result of land-use
activities such as urban development, amenity, farming and forestry. These activities may be
recent or have been carried out in the past. It is often difficult to identify specific sources of such
pollution and therefore take immediate action to prevent it, since prevention often requires major
changes to land use and management practices. Examples of diffuse pollution include the
leaching to surface water and groundwater of contaminants from roads, manures, nutrients and

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pesticides used in agriculture and forestry, and atmospheric deposition of contaminants arising
from industry.

● Substances That May Cause Pollution

● Nutrients
The main potentially-polluting nutrients in relation to water are nitrogen, ammonia (a gas
containing nitrogen and hydrogen), phosphorus and sulfur. They arise from the natural
breakdown of crop residues and soil organic matter, rainfall, fertilizers, urine and manure, silage,
landfill sites, wastewater and industrial effluents, power generation and other fuel-burning
activities. For example, nutrients are the principal cause of eutrophication which is the
enrichment of lakes, rivers and the marine environment leading to increased plant growth and the
occurrence of algae.
● Pesticides
These include herbicides, insecticides and fungicides that are used in gardens, in agriculture, in
roadside and trackside (railway) maintenance, and in parkland and golf courses.
● Heavy Metals
These are widely-used ingredients for chemical compounds used in industry. Industrial
contaminated land can be a source of heavy metals leaching into the environment. They also
exist naturally in soils at low concentrations. They can be found in fuel, chemicals, waste
materials and batteries. In high concentrations they are toxic to humans, animals, fish and plants.
● Suspended Solids
Suspended solids are mineral and organic particles that remain suspended in water. They sink
only very slowly or are easily resuspended by water turbulence. Suspended solids might be
eroded soil or decayed leaves. Wastewater from sewage works and industry might also carry
suspended solids into water bodies.
● Pathogens
These are present in feces from human and animal sources, including wildlife. They can enter
water through poor wastewater management or poor handling of manures, slurry and other farm
wastes. They may also be carried directly off fields by heavy rainfall or enter water bodies where
stock and wildlife have direct access for drinking purposes.
● Hydrocarbons
These include vegetable and mineral oils (including petrol, diesel, white spirit, heating and
lubricating oil), and chlorinated solvents such as dry cleaning fluids.
● Persistent Organic Pollutants (POPs)
These are chemicals that are capable of long-range transport, accumulate in human and animal
tissue, and have a significant impact on human health and the environment, even at low
concentrations. They include substances such as dioxin and polychlorinated biphenyls (PCBs).

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Effects of Environmental Pollution
● Polluting gasses have an interesting effect on climate. Essentially, these gasses form a
veil around the planet which holds heat in, increasing the overall temperature of the
planet. The rise in planetary temperature, or global warming, is not immediately
noticeable. However, even a rise of a few degrees Centigrade causes catastrophic changes
in weather.
● Pollen has increased. It is ironic, but even with fewer trees in the world; the increase of
carbon dioxide emissions induces plants such as ragweed and many trees to produce
more pollen than ever before. This has resulted in rampant allergies across the world,
affecting the health of billions of people.
● One of the solutions to tamp out carbon monoxide emissions from coal burning power
plants was and still is to use radioactive power plants. While this does cut down on gas
emissions significantly, there is radioactive waste which causes various cancers to bloom
in major cities and small towns all around while destroying ecosystems entirely.
● Global temperature has risen significantly over the years. The protective atmosphere is
further being polluted by methane gas released from melting ice caps. This is causing
rampant weather issues around the planet.

This all seems like a fairly bleak outlook for the planet and all the creatures on it. It is, in fact, a
load of dark and very real truth.
Radiation does not go away quickly either, especially in a technological age requiring more
power, more gas, and intensified depletion of protective gasses around the planet. We are on a
significant downhill snowball ride to hell.

Solutions to Environmental Pollution

● Efforts to mitigate gas emission pollution have been implemented through car emission
control, electric and hybrid vehicles, and public transportation systems. However, not all
cities have effective systems in place. Over the past decade, emissions have been
significantly reduced, but there is still much work to be done.
● The environmental and health costs of radioactive power plants are becoming
increasingly apparent, leading to a decline in the use of coal power plants. Issues such as
radioactive leakage from power plants and nuclear testing have contaminated marine life,
requiring hundreds of years to recover. To address this, more eco-friendly power
technologies are being developed.
● Solar power has emerged as a viable solution, with solar panel systems harnessing solar
radiation for power. Wind turbines also provide a powerful alternative to fossil fuel and
radioactive power, although their adoption faces resistance from power companies.

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 ● Lastly, there’s an emphasis on reducing electromagnetic radiation (ER) from computers
and electronic devices. Manufacturers have implemented hardware protocols to minimize
risks and reduce ER production.

Remedies Against Environmental Pollution & Their Procedures

● In India, numerous legal provisions aim to protect the environment. These include the
Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of
Pollution) Act, 1981; and Environment (Protection) Act, 1986. The Indian Penal Code,
1860, also provides penalties for environmental damage.
● The Constitution of India, post the 42nd Amendment, includes provisions for
environmental protection. Article 48-A mandates the State to protect and improve the
environment and safeguard the country’s forests and wildlife. Article 51-A(g) imposes a
duty on every citizen to protect and improve the natural environment.
● The Supreme Court has held that the “precautionary principle” and “polluter pay
principle” are the law of the land. It has also recognized the right to a pollution-free
environment as a fundamental right. Over time, the interpretation of these provisions has
evolved to allow citizens to approach the court for enforcement of Article 51-A(g), thus
providing a legal recourse for environmental protection.
● In India, the Constitution and various court rulings have emphasized the importance of a
healthy environment as a fundamental right. In M.C.Mehta v. State of Orissa, the court
observed that rights and duties are interlinked, and citizens have a duty to ensure that
their constitutional rights, including the right to a healthy environment, are upheld.
● The Supreme Court has held that the right to live in a pollution-free environment is part
of the fundamental right to life under Article 21 of the Constitution. This was further
emphasized in Subhash Kumar v. State of Bihar, where the court held that the right to
life includes the right to enjoy pollution-free water and air.
● In P.A. Jacob v. Superintendent of Police, Kottayam, the court held that subjecting an
unwilling person to high levels of noise pollution would infringe upon an individual’s
fundamental right under Article 21 of the Constitution of India.

Despite these rights not being directly enforceable, the courts have broadened their interpretation
over time, allowing citizens to approach the court for enforcement of these rights. This reflects
the national commitment to protect and improve the environment.

Under Common Law, there are four different remedies against pollution:
● Nuisance: This involves any act, omission, injury, damage, annoyance or offense that is
harmful or offensive. It includes any act that may be dangerous to life or injurious to
health or property.
● Negligence: This refers to the failure to exercise the care that a reasonably prudent person
would exercise in like circumstances. In the context of environmental pollution,

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 negligence might involve improper handling or disposal of potentially harmful
substances.
● Trespass: This involves a direct infringement of one’s right to property. In the context of
environmental pollution, trespass might involve the unauthorized dumping of waste or
other harmful substances on someone else’s property.
● Strict Liability: This refers to liability that does not depend on actual negligence or
intent to harm. In the context of environmental pollution, strict liability might apply to
activities that are inherently dangerous or potentially harmful to the environment.
The procedures for these remedies typically involve legal action, often in the form of a lawsuit.
The plaintiff (the party bringing the suit) generally needs to demonstrate that the defendant (the
party being sued) has engaged in one of the above actions, and that this action has resulted in
harm or potential harm to the environment.

Conclusion
In summary, the “environment” refers to the interconnected system of water, air, and land, and
their interactions with all forms of life. Environmental pollution, a critical global issue, disrupts
this system through the introduction of harmful contaminants. Various remedies, including legal
provisions and common law remedies, are in place to combat environmental pollution. The laws
provide a framework for environmental protection and preservation.
Addressing environmental pollution requires collective action, involving not just the
enforcement of laws, but also the promotion of public awareness and individual responsibility.
By understanding the causes and impacts of pollution, we can strive towards a sustainable future
where both humans and the environment can flourish.

5. What do you mean by environmental pollution? Enumerate the provisions relating

to protection of environment under the Constitution of India with appropriate
judicial pronouncements. (15)
6. Enumerate the provisions relating to protection of environment under the
Constitution of India with appropriate judicial pronouncements. (15)

“For us, protection of environment is an article of faith. We have natural resources because our
previous generation protected these resources. We must do the same for our future generations.”
-Narendra D. Modi

Environmental pollution, in the context of environmental law, refers to harmful emissions into
air, water, or soil that degrade the environment, endanger human health, and cause damage to
property or biodiversity. It’s often a result of human activities and can alter our surroundings
adversely. Pollutants, which can be solid, liquid, or gaseous, are harmful to living beings and can
contaminate the environment, posing risks to public health and wildlife.

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While the term ‘environment’ isn’t explicitly mentioned in the Indian Constitution, various items
in the legislative lists empower both the Centre and the State to enact laws related to the
environment. Significant steps towards environmental protection were taken after the Stockholm
Conference in 1972.
The Constitution 42nd Amendment Act, 1976 moved forest, wildlife, and population control
from the State to the Concurrent List, allowing both the state and the center to legislate in these
areas. The Supreme Court eventually recognized the right to a healthy environment as part of the
right to life under Article 21. Environmental degradation poses a significant threat to all living
beings. The principle of sustainable development is crucial for preserving the environment and
ensuring a dignified life for all. Despite the absence of the term ‘environment’ in the
Constitution, provisions were inserted to protect the environment from exploitation.

Protection of Environment under Constitution of India

The Preamble and Environment Protection
The Preamble of the Indian Constitution establishes India as a socialist state, prioritizing social
over individual issues. Excessive atmospheric pollutants, a significant social issue, harm both
health and environmental quality. The state, in line with the Preamble’s socialist aim, must take
strict measures to create a pollution-free environment and ensure a decent standard of living for
all. Citizens have a right to environmental justice, and with the escalating environmental
degradation, protecting the environment is increasingly critical. As a Democratic Republic, the
state is obligated to uphold all provisions, and citizens have the right to scrutinize the state’s
actions and measures to restore the environment.

Legislative Powers & Matters of Environment Protection

The Indian Constitution divides legislative powers into three lists: Union, State, and Concurrent.
The Union List (List I) is under the exclusive jurisdiction of the Parliament and covers matters
like defense, atomic energy, and air traffic. The State List (List II) is managed by the state
governments and includes matters like sanitation, public health, and water supply. The
Concurrent List (List III) is shared between the state and central governments and covers matters
like forest and wildlife protection, mine conservation, and population control. In case of conflict,
the central government’s decision prevails.
These legislative powers are detailed in Part XI of the Constitution. The Parliament has the
power to make rules for the entire country, while each state government has the power to make
rules for its state. If a state law is passed subsequent to a central law, it requires Presidential
assent to prevail, as per Article 254. During a national emergency, the Parliament can also
legislate on state subjects.

This division of legislative powers is crucial for addressing environmental issues. While state
projects aim to improve the environment, they can sometimes pose threats to it. Conflicts

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between development and environmental protection are often addressed through the
Environment Impact Assessment (EIA), recognized by the Planning Commission.

Steps Taken Post Stockholm Conference, 1972 & International Environment Agreements
● While some environmental laws existed before India’s independence, significant progress
occurred after the 1972 UN Conference on the Human Environment. This led to the
establishment of the National Council for Environmental Policy and Planning within the
Department of Science and Technology. This council evolved into the Ministry of
Environment and Forests (MoEF) in 1985, which is now the primary administrative body
for environmental protection in India.
● In addition to the MoEF, various Pollution Control Boards were established, including the
Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCB).
These entities form the regulatory and administrative core of the sector.
● Several key pieces of legislation, such as The Air Act and the Environment Protection
Act (EPA), were enacted to implement decisions from international conferences and
conventions, as provided for in Article 253 of the Constitution. The Indian Parliament
also enacted the Wildlife Act and the Water Act under Article 252 of the Constitution.

India, as a signatory to numerous international environmental protection agreements, is obligated

to implement those provisions domestically, as stated in Article 51 of the Indian Constitution.
Article 253 empowers the Parliament to create laws for implementing any international
agreement or convention.
Using this power, Parliament enacted the Air (Prevention and Control of Pollution) Act 1981,
and the Environment Protection Act, 1986, both aimed at implementing decisions from the
1972 United Nations Conference on the Human Environment in Stockholm.
Provisions made for environmental protection under Article 253, read with Articles 13 and 14,
cannot be challenged in court on the grounds of legislative competence.
In the case of Vellore Citizens’ Welfare Forum v. Union of India, the Supreme Court held that
international customary laws should be incorporated into domestic laws, provided they are not
contrary to them. This underscores the importance of adhering to international laws in domestic
courts.

Obligation of State & Environment Protection

Article 47 of the Indian Constitution obligates the state to improve public health and the
standard of living of its people, including the prohibition of harmful substances. The state is
responsible for taking effective steps to promote environmental protection and regulate activities
that could harm society.
Pollution, such as water pollution caused by the discharge of impure water into rivers,
necessitated the creation of provisions obligating the state to preserve and protect the
environment. In the case of Hamid Khan v. State of Madhya Pradesh, the state’s negligence in

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supplying water resulted in significant health impacts on citizens, demonstrating a failure to
perform its basic duty.
The 1976 amendment to the constitution introduced Article 48-A, which obligates the state to
protect and improve the environment and safeguard the country’s forests and wildlife. This
article interprets the term “Environment” broadly and mandates the state to enact measures for
environmental improvement.
Forests, which are interconnected with other natural resources, play a crucial role in providing
pollution-free air, reducing global warming, maintaining ecological balance, and are linked to
water resources. Therefore, their protection is vital to prevent atmospheric pollution.

Obligation of Citizens & Environment Protection

The state’s duties to protect the environment mirror citizens’ rights. The 42nd amendment of the
constitution introduced Part IV-A, outlining Fundamental Duties, including citizens’ duty to
protect and improve the natural environment (Article 51-A(g)). The principle of intergenerational
equity underscores the importance of sustainable use of natural resources. In Kinkeri Devi v.
State, it was held that both the state and citizens have a duty to protect and improve the
environment. Courts can intervene to ensure these provisions are implemented.
In L.K Koolwal v. State of Rajasthan and Ors, the Jaipur municipality’s negligence in
maintaining hygiene led to a sanitation problem, affecting people’s health. The court ruled that
Article 51-A not only imposes a duty but also grants citizens the right to scrutinize state
activities. Neglecting hygiene infringes on citizens’ fundamental right to life under Article 21.
In Sitaram Champaran v. State of Bihar, a public interest litigation filed by residents led to the
closure of a tyre retreading plant emitting harmful gasses, demonstrating the exercise of citizens’
fundamental duty under Article 51-A for environmental protection.

Right to Life & Environment Protection

Article 21 of the Indian Constitution guarantees the fundamental right to life, stating that no
person shall be deprived of his right to life or personal liberty except as per law. This right
includes the necessities of life like food, shelter, clean water, clothes, and a safe, clean,
disease-free environment.
Several court cases have highlighted the importance of environmental protection under Article
21. In the case of Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar
Pradesh, the Supreme Court ordered the closure of limestone quarries due to their adverse
environmental impact.
In Charan Lal Sahu v. Union of India, it was held that the state has a duty to enforce and
protect Constitutional rights under Article 21, 48-A, and 51-A(g).
In M.C Mehta v. Union of India, the court ruled that citizens have a right to fresh air and a
pollution-free environment, and industrial activities causing ecological problems cannot be
permitted in the name of environmental development.

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The scope of Article 21 of the Indian Constitution has been expanded by the judiciary to include
the right to livelihood, which encompasses the right of citizens to earn their living. This broader
interpretation helps monitor the government’s actions regarding environmental protection and the
activities of the state that could significantly impact the environment, individual health, and the
livelihood of the poor.
The Indian judiciary has been mindful of balancing development and environmental protection.
In the Taj Mahal Case, industries near the Taj Trapezium Zone using coke and coal were ordered
to relocate, following the principle of sustainable development. The court also outlined the rights
and duties of the workers in these industries.

Right to Equality & Environmental Protection

Article 14 of the Indian Constitution guarantees equality before the law and equal protection of
the law, which implicitly obliges the state to be fair in its actions regarding environmental
protection. Arbitrary actions by state authorities are not permitted.
In the case of Bangalore Medical Trust v. B.S Muddappa, the appellant argued that the power to
allot sites was discretionary and that the land’s diverted use for a hospital was justified. However,
the Supreme Court, emphasizing the importance of open spaces and parks in urban development,
rejected the appeal. The court stated that open spaces, recreation, playing grounds, and
ecological protection are of vital public interest and crucial for development. Open spaces
reserved for public interest cannot be sold or leased to private individuals solely for monetary
gains.

Freedom of Speech and Expression & Environment Protection

Article 19(1)(a) of the Indian Constitution explicitly guarantees the fundamental right to freedom
of speech and expression. This right has been invoked in numerous cases where individuals have
approached the court expressing their concerns, such as in the case of Rural Litigation and
Entitlement Kendra, Dehradun v. State of Uttar Pradesh, where the violation of the right to a
clean and safe environment and the right to livelihood was expressed.

Freedom of Trade and Commerce & Environment Protection

Article 19(1)(g) of the Indian Constitution grants citizens the fundamental right to carry on any
profession, trade, or business anywhere within India. However, this right is not absolute and is
subject to reasonable restrictions under Article 19(6) to prevent environmental hazards and
ecological imbalance.
● In M.C Mehta v. Union of India, tanneries discharging effluents into the Ganga river
were ordered to stop operations due to the pollution caused. The court acknowledged the
potential unemployment but prioritized health, life, and ecology.
● In another case, M.C Mehta v. Union of India, 1994, industries failing to install air
pollution control systems were ordered to close, emphasizing Article 19(6).

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 ● In S. Jagannath v. Union of India, the Supreme Court considered sea beaches and coasts
as nature’s gifts and disallowed activities polluting these resources. A shrimp farming
industry causing ecological degradation was deemed violative of constitutional
provisions and environmental legislation. The court stressed that industries in fragile
coastal areas must pass strict environmental tests, reflecting the reasonable restrictions
under Article 19(6).

Role of SC in Environment Protection

The Supreme Court of India has passed numerous judgments emphasizing environmental
protection and the importance of natural resources like air and water. Two key principles have
been established for environmental protection:
● Polluter Pays Principle: This principle, first referred to in the OECD Guiding Principles
in 1972, states that those who cause environmental damage should bear the cost of
cleaning it up. It focuses on remedying ecological damage rather than assigning fault.
This principle was applied in cases like Vellore Citizens Welfare Forum v. Union of
India and M.C Mehta v. Union of India and Ors (Calcutta Tanneries Case), where
industries were directed to pay a portion of the land cost and relocate.
● Precautionary Principle: Principle 15 of the Rio Declaration states that in order to
protect the environment, the precautionary principle should be applied. This means that
lack of full scientific certainty should not prevent the implementation of cost-effective
measures to prevent environmental damage. This principle was applied in M.C Mehta v.
Union (Taj Mahal Case), where industries in the Taj Trapezium Zone were directed to
use natural gas instead of coke/coal to prevent further degradation of the Taj Mahal.
● Doctrine of Public Trust: It is based on the principle that certain resources like air and
water, which are essential for life, should not be subject to private ownership. Instead,
they should be freely available to everyone, regardless of their status. This doctrine
prohibits the commercial use of natural resources and mandates state authorities to
manage these resources effectively. Citizens can question authorities if resource
management is ineffective, as seen in M.C Mehta v. Kamal Nath, 1997, where a private
company’s intervention with the natural flow of a river was questioned.
● Sustainable Development: It is another principle that emphasizes the optimal utilization
of resources for both present and future generations, ensuring intergenerational equity.
This term was first used in the Cocoyoc Declaration and further emphasized in the
Stockholm Declaration and the Brundtland Report. The principle underscores the need to
protect resources for both current and future generations.
These principles ensure that environmental protection is prioritized and that any activities posing
a threat to the environment are regulated.

Conclusion

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The 42nd Amendment to the Indian Constitution introduced environmental protection clauses. It
emphasized the state’s duty to protect the environment and citizens’ responsibilities towards it.
Landmark court cases have established environmental jurisprudence, showing that fundamental
rights can be regulated for environmental protection. A healthy environment is vital for
promoting good health, reducing healthcare costs, and benefiting the economy.

7. Discuss the distribution of legislative powers under the Constitution of India along
with responsibility of states and protection of trans boundary environmental
pollution. (10)

In terms of environmental protection, the Constitution of India under Article 48-A states that
“The State shall endeavor to protect and improve the environment and to safeguard the forests
and wildlife of the country”. This implies that it is the responsibility of the states to ensure the
protection and improvement of the environment within their jurisdiction.

When it comes to transboundary environmental pollution, the issue becomes more complex.
Transboundary pollution refers to pollution that originates in one country but is able to cause
damage in another country’s environment, by crossing borders through pathways like water or
air. In India, air pollution is a significant transboundary issue, with pollutants from one state
affecting the air quality in another.
While the Constitution does not explicitly address transboundary environmental pollution, the
principles of environmental protection and cooperative federalism imply a shared responsibility
between the states and the Union. The states are responsible for managing pollution within their
borders, but when pollution crosses state boundaries, it requires cooperation between the affected
states and potentially the intervention of the Union government.

Constitution of India & Trans-Boundary Environment Pollution

The Constitution of India provides a detailed distribution of legislative powers between the
Union and the States. This distribution is primarily done through three lists enshrined under the
7th Schedule of the Constitution:
● Union List: This list contains 97 items which comprise of the subjects having national
significance. Only the Indian Parliament is capable of legislating upon them. Some of the
items in this list include Defence, Foreign Affairs, Banking, and Atomic energy.
● State List: The State list contains 66 items that comprise subjects relating to local interest
or the interest of the State. The State legislature is thus competent in legislating over
these subjects. Some of the subjects in this list include Public Order, Local Government,
Public health & Sanitation, and Agriculture.
● Concurrent List: This list enshrines 47 items, with respect to which; both the Union
Parliament and the State legislature hold a concurrent legislative power.

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These legislative powers are detailed in Part XI of the Constitution. The Parliament has the
power to make rules for the entire country, while each state government has the power to make
rules for its state. If a state law is passed subsequent to a central law, it requires Presidential
assent to prevail, as per Article 254. During a national emergency, the Parliament can also
legislate on state subjects.
This division of legislative powers is crucial for addressing environmental issues. While state
projects aim to improve the environment, they can sometimes pose threats to it. Conflicts
between development and environmental protection are often addressed through the
Environment Impact Assessment (EIA), recognized by the Planning Commission.

The distribution of legislative powers in the Constitution of India provides a framework for
addressing transboundary environmental issues. Here’s how:
● Shared Responsibility: The Constitution implies a shared responsibility between the
states and the Union for environmental protection. While states are responsible for
managing pollution within their borders, transboundary pollution requires cooperation
between the affected states and potentially the intervention of the Union government.
● Cooperative Federalism: The principle of cooperative federalism underpins the Indian
Constitution. This means that in cases of transboundary environmental pollution, states
are expected to work together, along with the Union government, to address the issue.
● Legislative Powers: The Union government, under the Union List, has the power to
legislate on matters of national importance. If a transboundary environmental issue
becomes a matter of national concern, the Union government can step in to address it.
● Judicial Intervention: In cases where states are unable to resolve transboundary
environmental issues, the judiciary can intervene. The Supreme Court of India has often
played a proactive role in environmental protection.
● Constitutional Provisions: The Constitution, under Article 48-A and Article 51-A(g),
mandates the state and citizens respectively to protect and improve the environment.
These provisions can be invoked to address transboundary environmental issues.
However, it’s important to note that while the Constitution provides the framework, the effective
resolution of transboundary environmental issues also depends on the political will,
administrative efficiency, and the active participation of civil society.

There have been several landmark cases in India that have addressed environmental issues,
including transboundary environmental harms. Here are a few:
● Vellore Citizens Welfare Forum v. Union of India: This case, also known as the Tamil
Nadu Tanneries Case, involved pollution caused by the discharge of untreated effluent in
the State of Tamil Nadu. The Supreme Court applied the precautionary principle directly
to the facts.
● Rural Litigation and Entitlement Kendra & Ors. v. State of Uttar Pradesh & Ors: This
case, also known as the ‘Dehradun Valley Litigation’, involved the issue of quarrying in

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 the Mussoorie hill range of Himalayas. The Supreme Court held that pollution caused by
quarries adversely affects the health and safety of people and hence, the same should be
stopped.
● M.C. Mehta v. Union of India: This case involved the issue of air pollution in Delhi due
to vehicular emissions. The Supreme Court issued several directions to the Central and
State Governments to clean up the air.
While these cases may not directly address transboundary environmental issues, they set
important precedents for environmental protection in India. The principles established in these
cases can be applied to transboundary environmental issues, emphasizing the responsibility of
both the state and the central government in addressing these problems.

Conclusion
While the Constitution of India provides a clear distribution of legislative powers between the
Union and the States, the responsibility for environmental protection and particularly
transboundary pollution is a shared one, requiring cooperation and coordination between
different levels of government.

8. Explain the kinds of pollution and enumerate the measures provided in the Water
Act, 1974 for prevention and control of water pollution. (15)

The Water Act of 1974, enacted by the Indian Government, aims to prevent water pollution from
industrial, agricultural, and household wastewater. It establishes Water Pollution Boards at the
Central and State levels to control pollution. The Act includes definitions of water pollution,
penalties for polluters, and the power to sample and analyze water. It also regulates the discharge
of sewage or trade effluents. The Act, amended in 1978, has over sixty sections and covers
various water bodies. The Boards are responsible for monitoring water pollution and setting
pollution standards.

Prevention & Control of Water Pollution

The Water (Prevention and Control of Pollution) Act, 1974 provides several measures for the
prevention and control of water pollution:
● Establishment of Boards: The Act provides for the establishment of Central and State
Boards for the prevention and control of water pollution.
● Powers and Functions of the Boards: The Boards are conferred with powers and
functions to prevent and control water pollution.
● Water Sampling and Analysis: The Act empowers the Boards to take water samples and
conduct their analysis.
● Regulation of Discharge of Sewage or Trade Effluents: The Act regulates the
discharge of sewage or trade effluents into water bodies.

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 ● Installation of Effluent Treatment Plants: Industrial units are required to install
effluent treatment plants (ETPs) and treat their effluents to meet specified environmental
standards before discharging into rivers and other bodies of water.
● Penalties: The Act provides for minimum and maximum penalties for offences.
● Publication of Names of Offenders: The Act allows for the publication of names of
offenders.
● Offenses by Companies and Government Departments: The Act specifies offences by
companies and government departments.
These measures aim to maintain and restore the wholesomeness of water, and prevent and
control water pollution.
In addition to these the The Water Act of 1974 grants the state board various powers to control
and prevent water pollution:
● According to Section 19, the state board can limit the jurisdiction of its orders to areas
affected by water pollution.
● Section 20 allows the board to inspect lands, conduct surveys, and request information
from companies about their operations.
● Section 21 empowers the board to analyze any stream or well. The board can prohibit the
entry of any poisonous or polluting matter as per the standards laid down in the Act.
● As per Section 25, no person can set up an industry or start a new operation without the
board’s prior approval. If a person starts a new operation without approval, the board may
impose conditions.
● Section 27 gives the board the power to review the conditions attached to the notice of
approval.

Conclusion
In conclusion, pollution, in its various forms, poses a significant threat to our environment and
health. It can be categorized into different types such as air, water, soil, etc., each with its unique
causes and effects.
The Water Act of 1974, enacted by the Indian Government, is a crucial legislation aimed at
preventing and controlling water pollution. It provides a comprehensive framework, including
the establishment of Water Pollution Boards, regulation of sewage discharge, mandatory
installation of effluent treatment plants, and stringent penalties for offenders. The Act empowers
the state boards to monitor and control water pollution effectively, ensuring the protection of our
water resources. Therefore, understanding the types of pollution and the measures provided in
the Water Act, 1974, is essential for sustainable development and the preservation of our
environment.

9. Define the term environment. Trace the historical development of Law of

environment with national and international perspective. (15)

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Environmental law is a legal framework comprising principles, policies, and regulations
established by various local, national, or international entities to preserve and protect the
environment for present and future generations. It’s defined as a collective body of rules
concerned with the maintenance and protection of a country’s natural environment.
The environment, derived from the French term ‘environner’ meaning “to surround”, includes all
natural and man-made surroundings. Natural surroundings comprise elements like air, water,
lakes, trees, mountains, etc., while man-made surroundings include buildings, roads, parks,
bridges, monuments, gardens, etc.
Environmental pollution refers to the contamination of any feature of the environment, making it
unfit for human habitation. It includes air pollution, water pollution, noise pollution, etc.
The need for environmental protection is crucial as the quality of the environment directly
impacts human life. The right to live in a pollution-free environment, including access to fresh
water and quality air, is considered a fundamental right under Article 21 of the Constitution of
India.

Development of Environmental Law

The development of international environmental law post-nineteenth century can be divided into
four stages:
● Traditional Era (1900-1945): This era began with bilateral fisheries treaties and ended
with the creation of new international organizations in 1945. It marked the realization of
the need for a balance between development activities and their environmental impact.
● Modern Era (1945-1972): Starting with the creation of the UN, this era saw the
formation of various international organizations and increased awareness about pollution
sources. Major developments included treaty developments, dispute settlement, and
national law.
● Post-Modern Era (1972-1992): This period witnessed changes at the national level,
including the introduction of green political parties, creation of environmental ministries,
and local environmental development. The concept of sustainable development was
coined, and the Montreal Protocol was signed to combat ozone layer depletion.
● Fourth Period (Post 1992): Initiated by the United Nations Conference on Environment
and Development, this period is considered a time of litigation focusing on compliance
with international environmental obligations.
These stages highlight the evolution and increasing importance of environmental law in the
international arena.

Stockholm Declaration 1972

The United Nations Conference on the Human Environment, held in June 1972, was the first
global environmental conference. It aimed to address the challenge of preserving and enhancing
the human environment and significantly raised global awareness of environmental issues.

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The Stockholm Declaration, an output of this conference, contains a preamble and 26 principles.
These principles cover a wide range of areas necessary for environmental protection and
restoration. They also address matters like the availability and equal distribution of essential
commodities, which, while not directly related to the environment, are crucial for ensuring a
humane standard of living.

Development of Environment Law in India

The evolution of Environmental Law can be broadly divided into two periods:
● Pre-1972 Development: This period primarily dealt with environmental protection
through tort laws, criminal law, water laws, forest laws, and special laws. However, there
was not much development in Indian Environmental Law during this time.
● Post-1972 Development: This period, following the Stockholm Conference, saw
significant advancements in International Environmental Law. The conference
highlighted environmental protection concerns globally, including in India.

Post the Stockholm Declaration in 1972, India saw significant developments in Environmental
Law. The then Prime Minister, Mrs. Indira Gandhi, attended the UN Conference on Human
Environment and Development, which inspired swift advancements in India’s environmental
policies.
The 42nd Amendment to the Constitution of India, often referred to as the mini constitution,
introduced responsibilities for both the state and citizens to protect and improve the environment.
Article 48-A was introduced as part of the Directive Principle of State Policy, imposing a duty on
the state to protect and improve the environment and safeguard the country’s forests and wildlife.
Article 51-A imposed ten fundamental duties on citizens, including the duty to protect and
improve the natural environment (Article 51-A (g)).
Article 47 assigns a duty on the State to raise the nutrition level and standard of living of its
people and improve public health. Article 21 provides the Fundamental Right to live in a
pollution-free environment with access to fresh water and quality air.
Since the 1980s, the Supreme Court of India has made various rulings and observations to
protect an individual’s right to live in a pollution-free environment.

Development through Case Laws

● Rural Litigation and Entitlement Kendra v. State of U.P.: The Supreme Court ordered
the closure of some limestone quarries due to serious safety deficiencies and health
hazards caused by pollution affecting nearby residents.
● Indian Council for Enviro-Legal Action v. Union of India: An environmentalist
organization filed a writ petition on behalf of residents living near chemical industrial
plants. The Supreme Court ruled that it must intervene if the government or authorities
fail to ensure a pollution-free environment for citizens, regardless of whether the
violation is by the State or a private entity.

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 ● Vellore Citizens Welfare Forum v. Union of India: A PIL was filed by the Vellore
Citizens Welfare Forum highlighting pollution caused by the discharge of untreated
effluent by tanneries and other industries in Tamil Nadu. The Supreme Court ruled that
industries must install necessary measures to control pollution. They emphasized that
industries cannot function at the cost of causing pollution, degrading the environment,
destroying ecology, and posing health hazards to nearby residents.

Contribution by MC Mehta
M.C. Mehta, an environmental attorney, significantly contributed to Indian Environmental Law
by filing various Public Interest Litigations (PILs) in the Supreme Court of India. Here are some
key cases:
● M.C. Mehta v. Union of India: Following a chlorine gas leakage in a plant that resulted
in a death and serious health issues for nearby residents, the Supreme Court directed the
company to ensure safety measures before reopening the plant.
● M.C. Mehta v. Union of India: The Supreme Court ordered the shutdown of tanneries in
Jajmau near Kanpur due to pollution in the Ganga river and non-compliance with the
Water Pollution Act and Environmental Protection Act.
● M.C. Mehta v. Union of India: The Supreme Court ruled that a person not directly
affected by pollution could still approach the court for directions to protect those who are
affected.
● M.C. Mehta v. Union of India: The Supreme Court ordered 168 hazardous industries in
Delhi causing severe ecological damage to relocate to the National Capital Region as per
the Master Plan for Delhi.
M.C. Mehta’s involvement in these and other landmark cases helped highlight various
environmental issues and led to significant actions being taken.

Major Enactments for Environment Protection

● Wildlife (Protection) Act, 1972: Provides for the protection of wild animals, birds, and
plants.
● Water (Prevention and Control of Pollution) Act, 1974: Contains provisions for the
prevention and control of water pollution and the maintaining or restoring of
wholesomeness of water.
● Forest (Conservation) Act, 1980: Contains provisions for the conservation of forests.
● Air (Prevention and Control of Pollution) Act, 1981: Contains provisions for the
prevention, control, and abatement of air pollution.
● Environment (Protection) Act, 1986: Contains provisions for the protection and
improvement of the environment.
● Public Liability Insurance Act, 1991: Provides for public liability insurance for
immediate relief to persons affected by accidents occurring while handling hazardous
substances.

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 ● Biological Diversity Act, 2002: Contains provisions for the conservation of biological
diversity, sustainable use of its components, and fair and equitable sharing of benefits
arising out of the use of biological resources.
● National Green Tribunal Act, 2010: Provides for the establishment of a National Green
Tribunal for the effective and expeditious disposal of cases relating to environmental
protection and conservation of forests and other natural resources.

Conclusion
The Stockholm conference significantly influenced the evolution of International and Indian
Environmental Law. Post-Stockholm, major developments included the recognition of the right
to a pollution-free environment as a fundamental right, various Supreme Court rulings on
environmental matters, and the introduction of enactments for environmental protection.

10. Define the term environment and trace the environmental issues involved in the
Narmada Valley Project. (15)

The Narmada Valley Development Project is a multi-purpose river valley development project in
India, aimed at creating a network of dams, canals, and reservoirs in the Narmada River basin.
However, the project has been the subject of controversy for decades due to its potential social
and environmental impacts.

Background and History of the Project

The Narmada Valley Development Project was first proposed in the 1940s to harness the
hydroelectric potential of the Narmada River. In 1961, the Central Water Commission prepared a
plan for the project. In 1971, the project was revised. The project aims to generate electricity,
provide irrigation, and supply water for domestic and industrial purposes for the state of Madhya
Pradesh, Gujarat, Rajasthan and Maharashtra.

Controversies and Concerns

The project has been the subject of controversy for decades due to its potential social and
environmental impacts. The following are the major controversies and concerns associated with
the Narmada Valley Development Project:
● Displacement of People: The project involves the construction of large dams and
reservoirs, which will lead to the displacement of thousands of people from their homes
and land. Many of these people belong to indigenous communities and have lived in the
area for generations.
● Environmental Impacts: The project will have significant environmental impacts,
including the loss of forests and wildlife habitats. The construction of dams and
reservoirs will also disrupt the natural flow of the river and affect fish populations.

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 Regarding the environmental issues involved in the Narmada Valley Project, there are
several significant concerns:
○ Loss of Forests and Wildlife Habitats: The Sardar Sarovar Project, part of the
Narmada Valley Project, will submerge about 10,000 hectares of forest land. The
Narmada Sagar Project will submerge 40,332 hectares of forest land.
○ Degradation of Agricultural Soils: Damming the Narmada River will degrade the
fertile agricultural soils due to continuous irrigation (rather than seasonal
irrigation which is dependent on the monsoon), and salinization, making the soil
toxic to many plant species.
○ Seismicity: This is a hotly debated issue that seems to produce more confusion
than clarity.
○ Contamination by Pollution, Pesticides, and Minerals: The construction of dams
and reservoirs can lead to contamination of the river and surrounding areas.
○ Saltwater Ingress at Mouth of River: Due to reduced water flow, there is a risk of
saltwater ingress at the mouth of the river.
○ Spread of Waterborne Diseases: The construction of large dams can assist the
spread of waterborne diseases.
○ Impact on Aquatic Ecology: The construction of dams and reservoirs disrupts the
natural flow of the river and affects fish populations

● Cultural Heritage: The project will also affect the cultural heritage of the people living in
the area, including the destruction of historical and archaeological sites.
● Human Rights Violations: The displacement of people from their homes and land without
adequate compensation or resettlement violates their human rights.
● Economic Viability: The project has also been criticized for its economic viability, with
some experts arguing that the costs of the project outweigh its benefits.

Protests and Opposition to the Project

The Narmada Valley Development Project has faced significant opposition from
environmentalists, human rights activists, and local communities. The following are some of the
major protests and opposition to the project:
● Narmada Bachao Andolan: The Narmada Bachao Andolan (Save Narmada Movement) is
a social movement led by environmentalist Medha Patkar to protest the construction of
large dams on the Narmada River. The movement has gained international attention and
has been supported by many prominent activists, including Arundhati Roy.
● Court Cases: The project has also been the subject of several court cases, with many legal
challenges raised against it. In 2000, the Supreme Court of India ruled that construction
on the dam could proceed but with certain conditions.
● International Opposition: The project has also faced international opposition, with many
international organizations and activists criticizing its social and environmental impacts.

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Conclusion
The Narmada Valley Development Project has been a never-ending controversy for decades, with
concerns over its social and environmental impacts. While the project aims to provide economic
development and infrastructure, its potential negative impacts on indigenous communities, the
environment, and cultural heritage cannot be ignored. Hence, the government must address these
concerns. Furthermore, ensure that the project is implemented in a sustainable and socially
responsible manner.

11. Explain the environmental issues involved in the Koodankulam Nuclear Power
Plant. (10)

The Koodankulam Nuclear Power Plant (KKNPP) is situated in the southern Indian state of
Tamil Nadu and plays a crucial role in India’s nuclear power strategy.

The history and background of the plant are quite interesting.

The initial agreement for the KKNPP was signed in 1988 as a Memorandum of Understanding
(MOU) between India and the Soviet Union. This agreement came to fruition after a visit by then
Indian Prime Minister Rajiv Gandhi to Moscow in 1989, where it was decided to establish a
2000 MW nuclear power plant in India.
However, the project faced delays due to the breakup of the Soviet Union and geopolitical
influences. It wasn’t until 1996, following a shift in foreign policy, that the construction of two
1000 MW nuclear reactors in Kudankulam, located about 650 kilometers from Chennai, began.
The first phase of construction led to protests due to the diversion of water from the Pechiparai
irrigation dam in Kanyakumari district. To address transportation issues, a small port was
constructed in Kudankulam in January 2004.
The plant saw further expansion as a result of an agreement signed in 2008 between Russia and
India. This agreement led to the addition of four more Pressurized Water Reactors (PWRs) to the
nuclear power plant. Two of these have already been added, and two more are expected to be
added in the second phase. In 2010, another agreement was signed to build 18 more reactors in
India.
According to the latest updates, the nuclear plant began commercial operations in September
2014 after receiving approval from India’s Atomic Energy Regulatory Board. Despite its
significant contribution to India’s energy needs, the KKNPP has been a source of controversy
due to environmental and safety concerns.

The Koodankulam Nuclear Power Plant (KKNPP) in India has been associated with several
environmental and safety concerns:
● Lack of Environmental Impact Assessment (EIA): The KKNPP was commissioned
without any legal EIA. An EIA is a process that identifies the environmental, social, and

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 economic impacts of a project prior to decision-making. It aims to predict environmental
impacts at an early stage in project planning and design, find ways and means to reduce
adverse impacts, shape projects to suit the local environment, and present predictions and
options to decision-makers. In the case of KKNPP, this critical process was bypassed,
leading to concerns about the plant’s environmental impact.
● Safety Concerns: There are concerns about the safety measures in place at the plant. For
instance, the VVER reactor under commissioning at KKNPP differs from the one
featured in the inter-governmental agreement between Russia and India. This discrepancy
could potentially expose the reactor to a high failure risk that could lead to offsite
radiological contamination. However, the Indian government has incorporated several
additional safety features in the Kudankulam reactors over the features in standard VVER
1000 reactors of the second generation.
● Water Contamination: The coolant water and low-grade waste from the KNPP are
going to be dumped into the sea. This could have a severe impact on fish production and
catch. This could undermine the fishing industry, push the fisher folk into deeper poverty
and misery, and affect the food security of the entire southern Tamil Nadu and southern
Kerala.
● Other Environmental Issues: Other environmental issues associated with the plant
include air pollution, biodiversity loss, soil contamination, waste overflow, groundwater
pollution or depletion, and large-scale disturbance of hydro and geological systems.
These issues highlight the need for more transparency in the sector and a more
comprehensive approach to environmental and safety concerns.
These issues have led to protests and opposition from local residents and various activist groups
over potential radiation threats and issues related to nuclear waste disposal. Despite these
concerns, the Supreme Court has approved the project, which is expected to contribute
significantly to achieving India’s ‘electricity for all’ goal, particularly in Tamil Nadu.

12. Highlight on environmental issues involved in the Silent Valley Project. (10)

The Silent Valley Project, also known as the Silent Valley Movement, was a significant social
and environmental campaign that began in the 1970s. The movement was initiated to oppose a
proposed hydroelectric project in the Silent Valley region of Kerala, India.

Background
The Silent Valley is an evergreen tropical forest in the Palakkad district of Kerala, India. The
area was named ‘Silent Valley’ by the British due to a perceived absence of noisy Cicadas. The
valley is traversed by the Kunthipuzha River, which drops from a height of 2400 meters over a
distance of about 15 kilometers.

The Project

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In 1928, the location on the Kunthipuzha River at Sairandhri was identified as an ideal site for
electricity generation. The initial decision to build a dam across the river, which originates from
the forest, was made by the British government. In 1958, a study and survey of the area were
conducted, and a hydroelectric project was proposed by the Kerala State Electricity Board
(KSEB). The primary objective of the project was to generate 120 megawatts of electrical power
and 240 megawatts of electrical power from water. The project was approved in 1973 by the
planning commission.

The Movement
The movement was first initiated by the local people and was subsequently taken over by the
Kerala Sastra Sahitya Parishad (KSSP). The KSSP effectively aroused public opinion by
publishing a techno-economic and socio-political assessment report on the Silent Valley
hydroelectric project. In 1976, a group of environmentalists started to oppose the silent valley
proposal. A task force was formed under the leadership of the World Wildlife Fund India’s vice
president at the time. The task force worked on the project for more than a year and carried out
several surveys that suggested stopping it.

Environmental Concerns
The Silent Valley Project faced significant environmental concerns, which led to widespread
opposition and eventually the cancellation of the project. Here are some of the key
environmental issues that were raised:
● Deforestation: The construction of the dam would have led to significant deforestation.
This would not only have destroyed the biodiversity of the region but also affected the
climatic conditions in the state and even outside, by depriving the state of its legitimate
share of rain during the monsoon.
● Loss of Biodiversity: The entire lower valley would have been submerged by the dam,
destroying its biodiversity. The loss of green cover was expected to be far worse than the
10 percent projected by the government.
● Impact on Flora and Fauna: The task force’s report stated that the project’s
construction would lead to significant harm to the green cover. It would eventually harm
flora and fauna, as well as the water. This could result in high-scale forest disasters.
● Human Impact: The workforce brought in for the construction of the project would have
resided in the area for several years. The destruction they could cause – illegal wood
felling, cattle grazing, poaching, encroaching – would have destroyed the Valley.
● Future Threats: Despite being designated as a protected area, Silent Valley still faces a
number of threats to its biodiversity, such as poaching, unauthorized logging, and human
encroachment.

As a result of the movement, in 1979, the Government of Kerala passed legislation regarding the
Silent Valley Protection Area (Protection of Ecological Balance Act of 1979) and issued a

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notification declaring the exclusion of the hydroelectric project area from the proposed national
park. The valley was declared as Silent Valley National Park in 1985.

13. Explain the role of judiciary through PIL in protection of the environment through
landmark judgments. (15)
14. ‘Public interest litigation is one of the effective tools for the protection of the
environment’. Explain. (15)
15. Write a brief role on the role of the Indian judiciary in environment protection
through public interest litigation. (10)

The environment, encompassing elements like water, air, soil, is vital for human existence and
progress. Its protection has been a part of many ancient civilizations, including India, where it
was considered everyone’s duty to safeguard nature, including land, water, trees, and animals.
However, modern innovations like thermal power and atomic plants pose significant
environmental threats, leading to issues like global warming and acid rain. The Indian
legislature’s approach of creating numerous legislations rather than addressing the root causes of
these problems often results in ineffective solutions.
In recent years, the higher judiciary has played a significant role in devising and monitoring
pollution control measures, forest conservation, and wildlife protection. Public Interest Litigation
(PIL) has been a key tool in addressing environmental issues, despite having both supporters and
critics. This approach underscores the need for a comprehensive analysis of environmental
protection.

A PIL can be filed with respect to the Environmental degradation under the following
circumstances:
● Causing Environmental Pollution in any form which is likely to cause harm to the public.
● Causing violation of the basic Human rights of the poor by disregarding them. For e.g. if
a farming land has been taken away from a farmer and not being paid proper
compensation for the same.
● Default in duty by the municipal corporations or the panchayats like not taking proper
care of the water and sanitation facilities in the locality.
● If there is a conflict between the religious rights and the environmental issue arises due to
the same. For e.g. use of loudspeakers in the temples or mosques creating noise pollution.

In India, remedies for environmental protection include both tort law and statutory law
remedies. Tort law remedies encompass trespass, nuisance, strict liability, and negligence.
Statutory remedies include:
● Citizen’s suit, such as an action under Section 19 of the Environmental (Protection) Act,
1986
● An action under Section 133 of the Criminal Procedure Code, 1973

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 ● An action under Section 268 for public nuisance, under the Indian Penal Code, 1860
● Additionally, a writ petition can be filed under Article 32 in the Supreme Court of India
or under Article 226 in the High Court.

The Indian judiciary has played a significant role in environmental protection through
various landmark judgments:
● The Right To A Wholesome Environment
○ Charan Lal Sahu Case: The Supreme Court stated that the right to life
guaranteed by Article 21 of the Constitution includes the right to a wholesome
environment.
○ Damodhar Rao v. S. 0. Municipal Corporation Hyderabad: The Court stated
that environmental pollution would be a violation of the fundamental right to life
and personal liberty as enshrined in Article 21 of the Constitution.

● Public Nuisance: The Judicial Response

○ Ratlam Municipal Council v. Vardhichand: This case is a landmark in judicial
activism for upholding social justice and making the environment pollution-free,
even in the face of budgetary constraints.

● Judicial Relief Encompasses Compensation To Victims

○ M.C. Mehta v. Union of India (Delhi gas leak case): : The Supreme Court laid
down two important principles of law:
i. The power of the Supreme Court to grant remedial relief for a proved
infringement of a fundamental right (in case of Article 21) includes the
power to award compensation.
ii. The judgment introduced a new “no fault” liability standard (absolute
liability) for industries engaged in hazardous activities.

● Fundamental Right To Water

○ Narmada Bachao Andolan v. Union of India and Ors.: The Supreme Court
upheld that water is the basic need for human survival and is part of the right to
life and human rights as enshrined in Article 21 of the Constitution.

Conclusion
Public Interest Litigation (PIL) is indeed a crucial tool in addressing environmental issues.
However, it’s essential that PILs are not misused for private interests, as this would undermine
their purpose of serving the public at large.
Every citizen has a duty to care for the environment and show compassion towards living
creatures, as stated in Article-51(g) of the Indian Constitution. PILs under Article-32 and
Article-226 should be invoked whenever there’s a breach of this duty.

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The court plays a pivotal role in determining the severity of the offense and whether a case
requires a hearing. PILs significantly contribute to delivering justice, protecting the collective
rights of the community, not just the individuals directly involved in the case.

16. Discuss the principles prescribed in the Rio Conference. (15)

17. Explain the principles provided in Rio Summit 1992 regarding protection of the
environment and its impact on the Indian legal system. (15)

International environmental agreements, such as the 1992 Rio Declaration on Environment and
Development, play a crucial role in guiding India’s environmental policies. These agreements
address global environmental issues like sustainable development, air pollution, and climate
change. They enable countries to collaborate on these issues, as domestic actions alone are often
insufficient. The Rio Declaration emphasizes the link between long-term economic progress and
environmental protection, advocating for a global partnership involving governments, people,
and key societal sectors. Indian courts refer to these protocols in environmental cases, ensuring
fairness and adherence to key government policies.

The Rio Summit 1992

The Rio Summit 1992, also known as the Earth Summit, was a major United Nations conference
held in Rio de Janeiro, Brazil, from 3 to 14 June 1992. The summit was attended by
representatives from 172 governments, including 108 heads of state. The main goal of the
summit was to address pressing environmental and development issues and to establish a global
partnership for sustainable development.
The summit led to the development of several important documents and principles aimed at
guiding countries towards sustainable development. These include:
● Rio Declaration on Environment and Development: This document contained 27
principles intended to guide countries in future sustainable development.
● Agenda 21: An action plan concerning sustainable development, but it is non-binding.
● Forest Principles: Formally called ‘Non-Legally Binding Authoritative Statement of
Principles for a Global Consensus on the Management, Conservation and Sustainable
Development of All Types of Forests’. It makes many recommendations for conservation
and sustainable development forestry and is non-binding.

Among the principles of the Rio Declaration, the most important ones are:
● Principle 3 (Inter-generational equity): The right to development must be fulfilled so
as to equitably meet developmental and environmental needs of present and future
generations.
● Principle 15 (Precautionary principle): In order to protect the environment, the
precautionary approach shall be widely applied by States according to their capabilities.
● Principle 16 (Polluter pays principle): The polluter should bear the cost of pollution.

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Rio Summit 1992 & its implications in India
India has incorporated various principles of the Rio Declaration through judicial overview. The
doctrine of Sustainable Development was implemented by the Supreme Court in the case of
Vellore Citizen Welfare Forum v. Union of India.
The principles of the Rio Declaration are in consonance with the Indian policies on environment.
The Supreme Court of India and the High Courts have played an important role in preserving the
doctrine of ‘Sustainable Development’ which is the crux of the Rio Declaration.
In the same year as the Rio Summit, the Government of India also passed the 73rd and the 74th
amendments to the Constitution, thereby creating three-tier local self-government mechanisms in
the rural and urban areas, and devolving decision-making powers to these bodies. This shows
how the principles of the Rio Summit have influenced the Indian legal system and its approach
towards environmental protection.
The implementation of the Agenda 21, which is a plan comprehensively created for sustainable
development, is assigned to the UN Commission on Sustainable Development. This agenda, via
social and economic methods, addresses environmental problems.

● In the case of Vellore Citizen Welfare Forum v. Union of India, the Supreme Court of
India applied the doctrine of ‘Sustainable Development’ for the first time. The court
rejected the traditional notion that development and ecology are opposed, instead
endorsing sustainable development as the solution. Key principles of this concept include
Inter-Generational Equity, the Precautionary Principle, and the Polluter Pays Principle.
The court emphasized the need for rational control of development, public participation
in environmental management, environmental education, and global cooperation.
However, it was also noted that courts do not always prioritize the environment over
development in disputes.
● In the case of M.C. Mehta v. Union Of India, the Supreme Court balanced
environmental concerns with development needs. It ordered the closure of mechanical
stone crushing activities in Delhi, due to pollution, but also recognized the importance of
stone crushing for development and allocated new sites for these activities in Haryana.
● In recent times, Indian courts continue to refer to international environmental agreements
when dealing with cases involving conflicts between development and environmental
concerns. For instance, in one of the cases, the court faced a conflict between
environmental protection and economic development. The concept of ‘sustainable
development’, as defined in the Brundtland Report and adopted in the Rio Declaration,
was used to address this conflict. This concept ensures that current developmental needs
are met without compromising the ability of future generations to meet their own needs.
● In the case of G. Sundarrajan v. Union Of India & Ors., the Supreme Court dealt with
the issue of setting up a nuclear power plant in Kudankulam, Tamil Nadu. The court
referred to international environmental agreements like the Stockholm Conference and
the Rio Declaration, which emphasize sustainable development and the responsibility of

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 people to protect the environment for present and future generations. The court also
highlighted principles like the precautionary principle and the polluter pays principle. The
case resulted in the court overseeing all aspects of the plant, including its safety,
environmental impact, and the quality of its components and systems before
commissioning. A report on these aspects was required to be filed before the court prior
to the plant’s commissioning.

The Rio Summit was a landmark event that helped to shape the global environmental agenda for
the next few decades. It highlighted the need for sustainable development and the importance of
balancing economic growth with environmental protection.

18. Enumerate the various remedies available against environmental pollution along
with procedures. Explain the provisions regarding protected areas enumerated
under the Wildlife Protection Act, 1972. (15)
19. Write a detailed note on provisions relating to authorities appointed under the
Wildlife Protection Act, 1972 along with its powers and functions. (15)

India, home to 10% of the world’s species, boasts a rich biodiversity with approximately 45,000
plant species (7% of the world’s total), 15,000 flowering plants (6% of the world’s total), and
91,000 animal species. However, urbanization and deforestation have led to a rapid decline in
wildlife, with many species becoming extinct or endangered.
Wildlife, defined as the collective fauna and flora of a region, is crucial for maintaining
ecological balance. The loss of wildlife habitats to urban development poses a significant threat
to this balance, underscoring the need for legislation to protect wildlife.

Wildlife Protection Act, 1972

The Wildlife (Protection) Act, 1972, enacted by the Indian Parliament on August 21, 1972, and
implemented on September 9, 1972, is a comprehensive legislation for the protection of plants,
birds, and animal species. It includes provisions for their protection, hunting, harvesting, and
related matters. The Act, which extends across India, has 66 sections and six schedules. Penalties
are specified for violations of its provisions. Prior to this Act, there were few national parks in
India.

Protected Areas under the Act

The Wildlife Protection Act, 1972 provides for the establishment and management of various
types of protected areas for the conservation of wildlife and their habitats. The Act empowers the
Central and State Governments to declare any area as one of the following protected areas:
● National Park: A national park is an area declared by the Central or State Government to
be of national importance by reason of its ecological, faunal, floral, geomorphological or
zoological significance. No human activity is permitted inside a national park except for

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 the purposes of scientific research, education, tourism or betterment of wildlife. The
boundaries of a national park can be altered only by a resolution of the State Legislature.
● Wildlife Sanctuary: A wildlife sanctuary is an area declared by the Central or State
Government to be of adequate ecological, faunal, floral, geomorphological, natural or
zoological significance for the purpose of protecting, propagating or developing wildlife
or its environment. Certain human activities such as grazing, cultivation, collection of
forest produce, etc. may be allowed in a wildlife sanctuary as per the discretion of the
Chief Wildlife Warden. The boundaries of a wildlife sanctuary can be altered by a
notification by the State Government.
● Conservation Reserve: A conservation reserve is an area declared by the State
Government, after consultation with the local communities, to be of importance for
wildlife conservation. It may comprise any area owned by the Government, community
or private individuals that is adjacent to or within the buffer zone of a national park or a
wildlife sanctuary. A conservation reserve is managed by a Conservation Reserve
Management Committee, which consists of a wildlife warden as the chairperson, and
representatives of the State Government, local communities and NGOs as members.
● Community Reserve: A community reserve is an area declared by the State
Government, where the community or an individual has volunteered to conserve wildlife
and its habitat. It may comprise any private or community land, not within a national
park, wildlife sanctuary or a conservation reserve, where the community or individual has
recorded the presence of wildlife and is willing to conserve it. A community reserve is
managed by a Community Reserve Management Committee, which consists of a wildlife
warden as the chairperson, and representatives of the community or individual and NGOs
as members.
● Tiger Reserve: A tiger reserve is an area declared by the Central Government, on the
recommendation of the National Tiger Conservation Authority, for the conservation of
tigers and their habitats. It may comprise one or more national parks, wildlife sanctuaries,
conservation reserves or community reserves. A tiger reserve is managed by a Tiger
Conservation Foundation, which is a trust established by the State Government, and a
Field Director, who is the chief executive officer of the foundation.

Authorities under the Act and their Powers & Functions

The Wildlife Protection Act, 1972 provides for the appointment of various authorities for the
conservation, protection and management of wildlife in India. These authorities are:
● Director of Wildlife Preservation: The Director of Wildlife Preservation is the central
authority appointed by the Central Government to advise, assist and coordinate with the
State Governments and other authorities in the implementation of the Act and the rules
made thereunder. The Director has the power to sanction the hunting of wild animals in
certain cases, such as for scientific research, education, collection of specimens, etc. The

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 Director also has the power to grant permits for the trade or transfer of captive animals,
animal articles or trophies.
● Chief Wildlife Wardens and Wildlife Wardens: The Chief Wildlife Wardens and
Wildlife Wardens are the state authorities appointed by the State Governments to exercise
the powers and perform the duties conferred or imposed on them by or under the Act.
The Chief Wildlife Warden has the power to declare any area as a sanctuary, national
park or closed area, subject to the approval of the State Government. The Chief Wildlife
Warden also has the power to permit the hunting of wild animals in certain cases, such as
for self-defense, protection of life or property, prevention of damage to crops, etc. The
Wildlife Wardens have the power to enter, search and seize any premises, vehicle or
vessel where they have reason to believe that an offense against the Act has been
committed or is being committed.
● Wildlife Advisory Board: The Wildlife Advisory Board is a statutory body constituted
by the State Government to advise the State Government on matters relating to the
protection of wildlife, and to perform such other functions as may be prescribed. The
Board consists of the Chief Wildlife Warden as the ex-officio Chairperson, and not more
than fifteen other members, of whom not less than five shall be non-officials. The main
functions of the Board are:
○ To advise the State Government on matters relating to the protection of wildlife,
such as the selection and management of protected areas, the regulation of
hunting and trade of wild animals and their products, the control of vermin, the
prevention of damage by wild animals, etc.
○ To carry out or cause to be carried out impact assessment of various projects and
activities on wildlife and its habitat, and to recommend appropriate measures for
mitigation or compensation.
○ To review the progress in the field of wildlife conservation in the State, and to
suggest improvements and modifications in the existing policies and programmes.
○ To prepare and submit to the State Government an annual report on the status of
wildlife and its conservation in the State.
● National Board for Wildlife: The National Board for Wildlife is a statutory body
constituted by the Central Government to promote the conservation and development of
wildlife and its habitats, and to advise the Central Government on the formulation of
policies and measures for the same. The Board consists of the Prime Minister as the
Chairperson, the Minister in charge of Forests and Wildlife as the Vice-Chairperson, and
not more than forty other members, of whom not less than ten shall be non-officials.To
perform such other functions as may be prescribed by the State Government. The powers
and functions of the National Board for Wildlife (NBWL) are as follows:
○ The NBWL is the apex body in India for all wildlife-related matters. It is
primarily responsible for the promotion of wildlife conservation and the
development of wildlife and forests.

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 ○ The NBWL advises the Central Government on framing policies and measures for
conservation of wildlife in the country.
○ The NBWL approves projects (including government projects) in and around the
protected areas (national parks, wildlife sanctuaries, etc.). No alteration of
boundaries of the protected areas is possible without the NBWL’s approval.
● National Tiger Conservation Authority: The National Tiger Conservation Authority is
a statutory body established by the Central Government under the Wildlife Protection
(Amendment) Act, 2006 to ensure the ecological and genetic viability of the tiger
population in India, and to address the issues of illegal trade, poaching and habitat
fragmentation. The Authority consists of the Minister in charge of Forests and Wildlife as
the Chairperson, eight experts or professionals having qualifications and experience in
wildlife conservation and welfare of people, including tribals, as members, and the some
of the powers and functions of the NTCA are:
○ To approve the tiger conservation plan prepared by the State Governments for
each tiger reserve, and to evaluate and assess various aspects of sustainable
ecology and disallow any ecologically unsustainable land use.
○ To lay down normative standards for tourism activities and guidelines for project
tiger from time to time for tiger conservation in the buffer and core area of tiger
reserves and ensure their due compliance.
○ To provide for management focus and measures for addressing conflicts of men
and wild animals and to emphasize on co-existence in forest areas outside the
National Parks, sanctuaries or tiger reserve, in the working plan code.
○ To provide information on protection measures including future conservation
plan, estimation of population of tiger and its natural prey species, status of
habitats, disease surveillance, mortality survey, patrolling, reports on untoward
happenings and such other management aspects as it may deem fit including
future plan of action.
○ To ensure critical support including scientific, information technology and legal
support for better implementation of the tiger conservation plan.
○ To facilitate and support tiger reserve management in the State Governments for
biodiversity conservation initiatives through eco-development and people’s
participation as per approved management plans and to support similar initiatives
in adjoining areas consistent with the Central and State laws.
● Wildlife Crime Control Bureau: The Wildlife Crime Control Bureau is a statutory body
established by the Central Government under the Wildlife Protection (Amendment) Act,
2006 to collect and collate intelligence related to wildlife crimes, and to coordinate with
various agencies for the enforcement of the provisions of the Act. The Bureau consists of
a Director as the head, and such number of other officers and staff as may be prescribed.
The Bureau has the power to issue directions to any person, officer or authority, and to

33
 call for reports and information from them, for the prevention, detection and investigation
of offenses under the Act.

Conclusion
The Wildlife (Protection) Act, 1972, underscores the fundamental duty of every citizen to show
compassion to all species. The Act provides guidance for maintaining ecological balance and
promotes sustainable development by ensuring peaceful coexistence between humans and other
species.

20. Discuss the significance of Stockholm Conference 1972 relating to protection of

environment and its applicability in the Indian legal system. (15)
21. Discuss the principles provided in Stockholm Conference, 1972 relating to
protection of environment and its impact on Indian legal system. (15)

“Protecting and improving the human environment is a responsibility of every government as it

affects the well-being and economy of people around the world.”

The right to a clean environment is a fundamental right under Article 21. In the international
scenario, the United Nations conference on the human environment or popularly known as the
Stockholm Convention was the first major UN meeting to deal with environmental issues and to
declare the right to live in a healthy environment as a basic right.

The United Nations Conference on the Human Environment

The United Nations Conference on the Human Environment, also known as the Stockholm
Convention, was held in Sweden from June 5-16, 1972. The conference was decided upon by
the General Assembly in 1968-1969. The aim of the convention was to consider the problems of
the human environment within the United Nations and to draw attention to the importance of
these issues.
The conference led to the establishment of the United Nations Environment Programme
(UNEP) in December 1972, which coordinates global action for environmental protection and
preservation.
The convention adopted a basic declaration containing a set of common principles to guide
people in protecting and conserving the environment, a detailed resolution for financial and
institutional arrangements for environmental protection, and an action plan containing 109
recommendations. This action plan aimed to identify and quantify environmental problems, warn
about any crisis, and adopt supporting measures by establishing an Earthwatch.
At the end of the convention, 26 principles were adopted and declared by the participating states,
known as the Magna Carta of the human environment.

Significance

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The Stockholm Declaration is divided into two parts:
● The first part outlines seven truths about humanity’s relationship with the environment,
emphasizing that humans are both creators and molders of their environment. It
underscores the urgent need for environmental protection, a desire shared by citizens
worldwide and a responsibility of all governments.
● The second part comprises 26 principles that form the foundation of international policy
for environmental protection and preservation.

Principles of the Stockholm Declaration

The 26 principles or the Magna Carta on the human environment are dealt with in great detail.
For better understanding, the principles are grouped on their applicability and enforceability.
They are as follows:
● Human Centric (Principle 1 & 15)

These principles emphasize the fundamental human right to freedom, equality, and adequate
living conditions, and the responsibility of humans to protect and improve the environment for
present and future generations

● Sustainable Development (Principle 2-5 & 13-14)

These principles stress the importance of safeguarding natural resources, wildlife habitats, and
the balance of nature. They also highlight the need for careful planning and management of
human settlements and urbanization.

● Reflection on Customary International Law Position (Principle 21)

States have the absolute authority to use natural resources according to their policies. However,
their policies shouldn’t violate the principles of international law and cause damage to other
states outside its jurisdiction.

● Preventive Actions (Principle 6-8 & 18)

These principles call for proactive measures to avoid environmental damage. They advocate for
the development of international laws to compensate for damage caused by pollution and other
environmental harms.

● Compensation to Victims (Principle 22)

The States should join to further the scope of international law for prescribing liability for those
harming the environment. States should also come together to compensate victims of
environmental pollution or damage.

● Cooperation (Principle 24-25)

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These principles underscore the importance of international cooperation to tackle global
environmental challenges.

● Other Principles

The Stockholm Declaration principles stress on progressive environmental policies, education,

scientific research, addressing environmental deficiencies, and economic stability. It advocates
for public awareness, population control, establishment of national institutions for environmental
management, flexibility for states to implement their own environmental agendas, and a ban on
nuclear weapons.

Impact of Declaration on India

The Stockholm Declaration had a significant impact on India’s environmental law and policy.
Post the Stockholm Conference, India saw major developments in its environmental law. The
conference led to the establishment of environment ministries in many countries, including India,
which set up its Ministry of Environment and Forest in 1985.
India was a signatory to the Stockholm Declaration, and then Prime Minister Mrs. Indira Gandhi
made a significant impact through her deliberation. The declaration is considered the Magna
Carta of Environmental Law and holds parallel significance to the Universal Declaration on
Human Rights, 1948.

● Following the conference, India enacted several environmental laws. The Water Act was
passed in 1976, the Environment Protection Act in 1986, and the Air Act in 1981.
Moreover, the Government of India brought the 42nd amendment in the Constitution
and incorporated Article 48A and Article 51A (g). These provisions regarding the
protection of the environment were incorporated into the 42nd Constitutional
Amendment Act passed in 1976.
● The Forest Conservation Act, 1980, the Wildlife Protection Act, 1972 were also
enacted subsequently. These laws aimed to implement the principles of the Stockholm
Declaration, such as sustainable development, prevention of pollution, compensation to
victims, and cooperation among states.
● It influenced the development of environmental jurisprudence in India, as the Supreme
Court and the High Courts interpreted the constitutional and statutory provisions on the
environment in the light of the Stockholm Declaration. The courts recognized the right to
a clean and healthy environment as a part of the right to life under Article 21 of the
Constitution, and applied the doctrines of public trust, polluter pays, precautionary
principle, and intergenerational equity to environmental cases. The courts also relied
on the Stockholm Declaration to issue guidelines and directions to the government and
other authorities to protect and improve the environment.

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Thus, the principles provided in the Stockholm Conference, 1972 had a profound impact on the
Indian legal system, leading to the enactment of several environmental laws and amendments to
the Constitution to protect and improve the environment.

Conclusion
The Stockholm Convention highlights human responsibility in environmental preservation and
the need for global cooperation. It acknowledges environmental challenges worldwide,
emphasizes the potential of human progress and science for a better environment, and urges
governments to enact environmental laws and collaborate internationally to mitigate pollution.

22. Explain the powers and proceedings of the National Green Tribunal under the
National Green Tribunal Act 2010 along with its role in environment protection.(15)
23. Discuss the jurisdiction and role of NGT relating to the protection of environment
under the NGT Act, 2010. (10)
24. Explain the procedure and powers of the NGT in accordance with the NGT Act,
2010. (10)

The National Green Tribunal (NGT), established in 2010 under the National Green Tribunal Act,
is a specialized body for expeditious resolution of environmental disputes. Its formation was
influenced by the Stockholm Declaration of 1972 and the Rio de Janeiro conference, which
recognized the need for a nationalized tribunal for environmental protection. This need was also
acknowledged by the Supreme Court of India in several cases and by the Law Commission in its
186th report in 2003.

The National Green Tribunal

The NGT operates under the principles of ‘the polluter pays’ and ‘sustainable development’. It is
not bound by the Code of Civil Procedure (1908) or the Indian Evidence Act (1872), but follows
the principles of natural justice. The establishment of the NGT was in line with India’s
commitment at the Rio de Janeiro summit in 1992 to create a national forum for addressing
environmental issues. With the formation of the NGT, India became the third country, after
Australia and New Zealand, to have a national forum dedicated to environmental protection.
The NGT’s work is guided by Article 21 of the Indian Constitution, which guarantees the right to
a clean and healthy environment, and Article 323(B), which provides for the establishment of
tribunals in the country. Since its inception, the NGT has made significant contributions to
environmental protection.

Objectives of NGT
The National Green Tribunal (NGT) was established with a focus on environmental issues,
including the protection of forests and natural resources. Its key objectives include:

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 ● Ensuring compliance with environmental laws and acting as a watchdog for any
violations.
● Safeguarding and conserving forests and wildlife.
● Preventing environmental harm caused by government or private actions.
● Implementing environmental laws listed in Schedule I of the National Green Tribunal
Act.
● Providing compensation to victims of environmental degradation.
● Promoting awareness about environmental laws and societal issues.

Composition of NGT
The National Green Tribunal (NGT) is composed of the following members:
● The Chairperson, who is a retired judge of the Supreme Court.
● Other judicial members, who are mostly retired judges of the High Courts.
● Each NGT bench includes a judicial member and an expert with a professional
qualification and at least 15 years of experience in environmental or forest-related
subjects.
● The NGT can have up to 20 full-time Judicial and expert members.
● The tenure of these members is limited to five years, and they are not eligible for
re-election.

Powers & Jurisdiction of NGT

The National Green Tribunal (NGT) has significant powers and jurisdiction under the NGT Act,
2010:
● Non-compliance with NGT decisions can result in a fine of up to 10 crores, imprisonment
up to three years, or both.
● The NGT handles cases under several acts listed in Section 1 of the NGT Act, 2010,
including the Water (Prevention and Control of pollution) Act 1984, the Forest
(Conservation) Act, 1980, the Air (Prevention of pollution) Act, 1981, the Environment
(Protection) Act, 1986, and others.
● Any environmental violation due to a government decision can be challenged before the
NGT.
● The NGT applies the principles of sustainable development, precautionary principle, and
polluters pay principle when passing orders.
● Under section 22, the NGT can review its own decisions. If unsuccessful, the order can
be challenged in the Supreme Court within ninety days.
● The NGT is a statutory body with both original and appellate jurisdiction.
● The Tribunal operates on principles of ‘natural justice’ and is not bound by the civil
procedure code.

Procedure Followed by NGT

The National Green Tribunal (NGT) follows a specific procedure:

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 ● The tribunal identifies key matters under Section 1 of the National Green Tribunal Act,
2010 and necessary parties. It requires them to respond via email for simplicity and
time-saving.
● The tribunal accepts letter petitions regarding matters causing substantial environmental
damage. It also accepts valid complaints even without an advocate.
● It directs respective authorities and statutory bodies to submit a factual and action taken
report and to investigate the case.
● An order is passed to the concerned authority to take necessary steps to reduce pollution,
initiate prosecution, and recover compensation.
● Upon adjudication of claims, selected members can be appointed to ensure timely
execution of orders when necessary.

Claims for compensation can be made for:

● Restitution of damaged property.
● Relief or compensation for victims of environmental damages and accidents, including
those caused by hazardous substances.
● Restitution of the environment in areas deemed fit by the tribunal.

Cases taken up by NGT

The National Green Tribunal (NGT) has made significant rulings in several landmark cases:
● In the 2012 case of Almitra H Patel & Others v. the Union of India & Others, a petition
was filed regarding the methods used by municipalities to treat solid waste in India. The
NGT issued over 25 directions, including a ban on open burning of waste on land or
landfills, and a mandate for every state and union territory to enforce solid waste
management rules and prepare an action plan within 4 weeks. It also required mandatory
segregation of waste in energy plants and bio-stabilization of landfills within 6 months.
● In 2017, the NGT put an interim ban on the use of plastics in Delhi due to their polluting
and contaminating effects on the environment.
● In 2015, the NGT ordered that all vehicles over 10 years old would not be permitted to
operate in Delhi-NCR.
These cases highlight the NGT’s active role in environmental protection and its commitment to
enforcing environmental laws and regulations.

Conclusion
The National Green Tribunal (NGT) has resolved 90% of registered environmental cases.
However, it faces challenges such as its decisions being contested in high courts, criticisms due
to economic implications of rulings, and concerns about unregistered cases. Despite manpower
shortages and lack of resources, the NGT has made significant rulings on environmental
protection. Addressing these challenges will enhance its effectiveness and benefit India’s natural
landscape.

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 25. Write a detailed note on types of forest. Comment on the powers of the forest
officers. (15)

Forest is a term that has no clear national definition in India. States can decide what constitutes a
forest in their territory, based on a Supreme Court order that used the dictionary meaning of the
word. Forests are a concurrent subject in the Constitution, and citizens and states have a duty to
protect and improve them. The National Forest Policy, 1988 guides the management and
conservation of forests in India. According to the latest report, India has about 24.56% of its land
under forest and tree cover, and aims to achieve 33%.

Different Types of Forests in India

● Moist Tropical Forests: These forests are found in regions that receive heavy rainfall,
typically more than 200 cm per year. They can be further divided into:
○ Wet Evergreen Forests
○ Semi-Evergreen Forests
○ Moist Deciduous Forests
○ Littoral and Swamp Forests
● Dry Tropical Forests: These forests occur in areas with rainfall between 70 to 200 cm.
They can be further divided into:
○ Dry Evergreen Forests
○ Dry Deciduous Forests
○ Thorn Forests
● Montane Temperate Forests: These forests are found in the southern parts of India i.e.,
in Kerala and Tamil Nadu’s upper mountainous areas. They can also be found in the east
of 88°E longitude in the Eastern Himalayas, which includes the hills of Assam, West
Bengal, Sikkim, Arunachal Pradesh, and Nagaland.
● Montane Subtropical Forests: These forests are mainly generated in the state of Assam,
Nagaland, Mizoram, Meghalaya, Manipur, Arunachal Pradesh, etc. Mountain ranges of
Western Ghats are also the abode of these types’ forests.
● Alpine Forests: These forests are found at altitudes ranging between 2,900 to 3,500 m or
even up to 3800 m above sea level, depending upon the location and the variety of
species.
These forests play a crucial role in maintaining the ecological balance and biodiversity of the
region. They provide habitat for a wide variety of flora and fauna, help in soil conservation, and
play a significant role in the carbon cycle, thus helping to mitigate climate change.

Forest Officers under the Forest Act

Forest officers are government employees who manage forests in India. They have powers under
the Indian Forest Act, 1927 to conduct surveys, issue search warrants, and record evidence. The

40
Forest Settlement Officer (FSO) considers local inhabitants’ usage rights. Each state in India has
its own forest legislation, based on the Indian Forest Act, 1927.

Powers of the forest officers:

Forest officers are government officials who are responsible for the management and protection
of forests and wildlife. They have various powers and duties under the Indian Forest Act, 1927,
and other related laws. Some of the powers of the forest officers are:
● Power to seize property which is the subject of an offence, such as timber, tools, vehicles,
or animals, under section 52 of the Act.
● Power to release seized property on execution of a bond, under section 53 of the Act.
● Power to arrest offenders without a warrant, if the offence is punishable with
imprisonment for more than one month, under section 64 of the Act.
● Power to release arrested persons on execution of a bond, under section 65 of the Act.
● Power to compound offences, except those mentioned in sections 62 and 63 of the Act,
by accepting a payment of a sum of money, under section 68 of the Act.
● Power to use force, if necessary, to defend themselves, the government property, or to
prevent or arrest an offence, under sections 100 and 103 of the Indian Penal Code, 1860.
● Power to prevent offences, by warning, informing, or interfering with the persons who
are likely to commit an offence, under section 66 of the Act.
● Power to prevent fires, by prohibiting or regulating the carrying or kindling of fire in or
near a forest, under section 26 of the Act.
● Power to demand assistance, from any person employed at a timber depot or any person
in the vicinity of a forest, in case of an emergency involving danger to the forest or
wildlife, under sections 44 and 45 of the Act.
● Power to collect revenue, such as fees, royalties, or fines, from the forest produce or the
offenders, under sections 69 and 70 of the Act.
● Power to spend government money, for the purposes of forest management, protection, or
development, under section 71 of the Act.
● Power to hold an inquiry into the forest offenses, and record statements, confessions, or
evidence, under sections 72 and 73 of the Act.

Forest officers also have some special obligations and protections under the forest law and the
general law. Some of them are:
● Obligation to prevent and report any forest offence, under section 75 of the Act.
● Obligation to obey the orders and directions of the superior officers, under section 76 of
the Act.
● Obligation to maintain accounts, records, and registers of the forest operations, under
section 77 of the Act.
● Obligation to wear a prescribed uniform and badge of office, under section 78 of the Act.

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 ● Protection from prosecution, for any act done in good faith or in the discharge of duty,
under section 79 of the Act.
● Protection from arrest, for any act done in the execution of duty, under section 197 of the
Code of Criminal Procedure, 1973.
● Protection from civil suit, for any act done in the exercise of power, under section 80 of
the Act.
● Protection from malicious prosecution, for any act done in the performance of duty, under
section 132 of the Indian Penal Code, 1860.
● Protection from contempt of court, for any act done in the enforcement of law, under
section 19 of the Contempt of Courts Act, 1971.

Conclusion
India’s diverse geography and climate conditions have given rise to a variety of forest types.
Each of these forest types has unique characteristics and species compositions, contributing to
the rich biodiversity of the country.
Forest officers, as per the Indian Forest Act, 1927, play a crucial role in managing these forests.
They have the authority to conduct surveys, issue search warrants, and record evidence for trials
before a Magistrate. The Forest Settlement Officer (FSO) considers local inhabitants’ usage
rights, but also has the discretion to relocate, revise or discontinue such practices.
Thus, the combination of diverse forest types and the powers vested in forest officers under the
Indian Forest Act, 1927, ensures the sustainable management and conservation of India’s rich
forest resources.

26. Discuss in detail the provisions of the National Forest Policies of 1952 and 1988. (10)

The National Forest Policy of 1952 was the first forest policy of independent India, which aimed
to classify forests into protection forests, National forests, and Village forests. It proposed to
bring one-third of the total land area under forest cover. The policy aimed at controlling grazing,
promoting welfare, increasing social forestry, and providing fuel woods to rural peoples.
The National Forest Policy of 1988 emphasized the ecological and environmental value of
forests. It aimed to protect forest land from encroachment and degradation. The policy also
promoted afforestation and reforestation, with an emphasis on involving local communities. It
aimed to conserve biodiversity and protect wildlife habitats.
The detail provisions of National Forest Policies of 1952 and 1988 are as follows:

National Forest Policy of 1952

The National Forest Policy of 1952, the first in independent India, aimed to classify forests into
different types, extend forest cover to one-third of the total land area, control grazing, promote
welfare, increase social forestry, and provide fuel for rural peoples. It also aimed to improve
forest administration and conduct research in forestry. Other relevant provisions are:

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 ● The policy retained the major clauses of the earlier forest policy, and new objectives were
added to it.
● It proposed the classification of forests on a functional basis into protection forests,
National forests, and Village forests.
● The policy stressed upon increasing pastures and timber.
● The productive, protective, and bio-aesthetic roles of the forest make the forest eligible to
have an adequate share of land.
● The policy aimed at bringing one-third of the total land area with 65% in hilly and 25%
in plains under the forest cover.
● It suggested the extension of tree lands on river/canal banks, roads, railways, cultivable
waste, and degraded lands.
● The policy laid stress on weaning the primitive people by advice from the practice of
shifting agriculture.
● It aimed at increasing the efficiency of forest administration by having adequate forest
laws and giving required training to the staff.
● The policy also aimed at providing adequate facilities for the management of forests and
for conducting research in forestry and forest products utilization.
● It aimed at controlling grazing in the forestry, promoting the welfare of the people,
increasing the area under social forestry, and providing fuel woods to rural peoples.

National Forest Policy of 1988

The National Forest Policy of 1988 emphasizes the ecological value of forests, aims to protect
forest land from encroachment, promotes afforestation and reforestation, and aims to conserve
biodiversity. It also promotes research in forestry and involves various stakeholders in forest
management. The policy envisages that 33% of the country’s geographical area should be under
forest or tree cover.
Other detailed provisions are:
● The policy was formulated to address the conservation and sustainable management of
forests in India.
● The policy emphasizes forests’ ecological and environmental value, recognizing their
role in maintaining ecological balance.
● Protection of forest land from encroachment and degradation is a key objective of the
policy.
● The policy aims to meet local communities’ fuelwood, timber, and non-wood forest
product needs.
● Promoting afforestation and reforestation is a priority, with an emphasis on involving
local communities.
● Biodiversity conservation and the protection of wildlife habitats are integral components
of the policy.

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 ● The policy promotes research and development in forestry and the involvement of
various stakeholders in forest management.
● The policy aimed at ensuring environmental stability and the preservation of ecological
balance, including atmospheric equilibrium, which are essential for the survival of all life
forms, human, animal, and plant.
● The policy envisages that 33% of the country’s geographical area should be under forest
or tree cover.

Conclusion
The National Forest Policies of 1952 and 1988 were significant milestones in the management
and conservation of forests in India. The 1952 policy, the first in independent India, aimed to
classify forests, extend forest cover, control grazing, promote welfare, and increase social
forestry. It also aimed to improve forest administration and conduct research in forestry.
The 1988 policy, on the other hand, emphasized the ecological value of forests and aimed to
protect forest land from encroachment. It promoted afforestation and reforestation, aimed to
conserve biodiversity, and promoted research in forestry. It also envisaged that 33% of the
country’s geographical area should be under forest or tree cover.
Both policies reflect the evolving understanding of the importance of forests for ecological
balance, biodiversity conservation, and local community needs. They highlight the need for
sustainable management of forests and the involvement of various stakeholders in forest
management. These policies have laid a strong foundation for the conservation and sustainable
use of India’s rich forest resources.

27. Define the term “biological diversity”. Write a detailed note on the National
Biodiversity Authority along with its power and functions. (15)
28. Enumerate the provisions of Convention on Biological Diversity and its impact on
the Indian legal system. (10)

Biological diversity, also known as biodiversity, is a term that describes the variety and
variability of life on Earth. It encompasses every living organism within a single ecosystem or
habitat, including the numbers and diversity of species, and all environmental aspects such as
temperature, oxygen and carbon dioxide levels, and climate. Biodiversity can be measured
globally or in smaller settings, such as ponds.
Biodiversity is important for the health of the planet. Every single species has a role to play in its
ecosystem. A healthy ecosystem has a rich level of biodiversity. The less inhabitable an
ecosystem, the less life it can support.
Biodiversity is a measure of variation at three different levels:
● Genetic diversity: The variation in the genetic material within a species.
● Species diversity: The variety of species within a particular region.

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 ● Ecosystem diversity: The variety of habitats, biological communities, and ecological
processes in the biosphere.
In essence, biodiversity refers to the enormous variety of life on Earth, including plants, bacteria,
animals, and humans.

Convention on Biological Diversity

The Convention on Biological Diversity (CBD) is a multilateral treaty that aims to conserve
biological diversity, use its components sustainably, and share the benefits arising from genetic
resources fairly and equitably. The CBD has three main objectives:
● The conservation of biological diversity, which means the preservation of the variety of
life forms on Earth, including ecosystems, species, and genes.
● The sustainable use of the components of biological diversity, which means the use of
biological resources in a way that does not lead to their long-term decline, and maintains
their potential to meet the needs of present and future generations.
● The fair and equitable sharing of the benefits arising out of the utilization of genetic
resources, which means the access to and transfer of genetic resources, as well as the
appropriate distribution of the benefits derived from their use, among the providers and
users of such resources.

The CBD entered into force on 29 December 1993, and has been ratified by 196 parties,
including India. The CBD has two supplementary agreements, the Cartagena Protocol on
Biosafety and the Nagoya Protocol on Access and Benefit-sharing.

Cartagena and Nagoya Protocol

The Cartagena Protocol is an international agreement that regulates the transfer of living
modified organisms (LMOs) resulting from modern biotechnology between nations. It was
enacted on January 29, 2000, and came into effect on September 11, 2003.
The Nagoya Protocol is another agreement that provides a legal framework for the fair
distribution of benefits derived from the use of genetic resources, one of the three objectives of
the CBD. It was adopted in Nagoya, Japan, on October 29, 2010, and came into effect on
October 12, 2014.

Impact of CBD on Indian Legal System

The CBD has influenced the Indian legal system in several ways. Some of the impacts are:
● India enacted the Biological Diversity Act, 2002 (BD Act), to implement the provisions
of the CBD at the national level. The BD Act regulates the access to biological resources
and associated traditional knowledge, and ensures the fair and equitable sharing of
benefits arising from their use. The BD Act also establishes the National Biodiversity
Authority, the State Biodiversity Boards, and the Biodiversity Management Committees
to oversee the conservation and management of biodiversity in India.

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 ● India amended the Indian Wildlife (Protection) Act, 1972, to include the conservation of
biological diversity as one of its objectives. The Act provides for the creation and
management of protected areas, such as national parks, wildlife sanctuaries, and
biosphere reserves, for the protection of wildlife and their habitats. The Act also prohibits
the hunting of endangered and threatened species, and regulates the trade in wildlife and
wildlife products.
● India adopted the National Forest Policy, 1988, which emphasizes the conservation of
biological diversity and the sustainable use of forest resources. The Policy aims to
maintain the ecological balance, enhance the forest cover, protect the soil and water
resources, and meet the needs of the local communities. The Policy also promotes the
participation of people, especially women, in the protection and management of forests.
● India formulated the National Biodiversity Action Plan, 2008, which outlines the
strategies and actions for the conservation and sustainable use of biodiversity, and the fair
and equitable sharing of benefits. The Plan identifies the priority areas, such as in situ and
ex situ conservation, biotechnology, biosafety, traditional knowledge, intellectual
property rights, education and awareness, and international cooperation, for achieving the
objectives of the CBD and the BD Act.

National Biodiversity Authority

The National Biodiversity Authority (NBA), established in 2003, is a statutory, autonomous
body that implements India’s Biological Diversity Act (2002). It advises the Central and State
Governments on matters of biodiversity conservation, sustainable use of its components, and
equitable sharing of benefits arising from the utilization of biological resources. The NBA also
grants approval for activities referred to in Sections 3, 4, and 6 of the Act. It has assisted in the
formation of State Biodiversity Boards (SBBs) in 28 states and Union Territories, and the
establishment of approximately 2,66,499 Biodiversity Management Committees (BMCs). The
NBA is headquartered in Chennai, Tamil Nadu, India.

Objectives of NBA
The National Biodiversity Authority (NBA) requires anyone seeking intellectual property rights
on research based on biological resources or knowledge from India to obtain its approval first.
The NBA imposes benefit-sharing requirements and ensures equitable sharing of benefits. It also
protects local people’s biodiversity knowledge through measures such as registration.

Functions of NBA
● NBA advises the Central Government on biodiversity conservation, sustainable use of its
components, and equitable benefit sharing from the use of biological resources.
● It advises state governments on the selection of areas of biodiversity importance to be
notified as heritage sites and measures for managing such heritage sites.

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 ● NBA performs any other functions that may be required to carry out the provisions of this
Act.
● The National Biodiversity Authority may, on behalf of the Central Government, take any
action necessary to oppose the grant of intellectual property rights in any country outside
India on any biological resource obtained from India or knowledge associated with such
biological resource derived from India.

Powers of NBA
The National Biodiversity Authority (NBA) has several powers under the Biological Diversity
Act, 2002:
● Regulation: The NBA regulates activities referred to in sections 3, 4, and 6 of the
Biological Diversity Act, 2002.
● Approval: The NBA can grant approval for undertaking any activity referred to in
sections 3, 4, and 6.
● Advisory: The NBA advises the Central Government on matters relating to the
conservation of biodiversity, sustainable use of its components, and equitable sharing of
benefits arising out of the utilization of biological resources. It also advises the State
Governments in the selection of areas of biodiversity importance to be notified under
sub-section (1) of section 37 as heritage sites and measures for the management of such
heritage sites.
● Opposition to IPR: On behalf of the Central Government, the NBA can take any
measures necessary to oppose the grant of intellectual property rights in any foreign
country on any biological resource obtained from India or knowledge associated with
such a biological resource.
● Other Functions: The NBA performs other functions as may be necessary to carry out
the provisions of the Biological Diversity Act, 2002.

Conclusion
In conclusion, biological diversity, or biodiversity, is a critical concept that encompasses the
variety of life on Earth. It includes the diversity within species (genetic diversity), between
species (species diversity), and between ecosystems (ecosystem diversity). The Convention on
Biological Diversity (CBD) is an international legal instrument that aims to conserve this
diversity, promote its sustainable use, and ensure the fair and equitable sharing of benefits arising
from genetic resources.
In India, the National Biodiversity Authority (NBA) plays a pivotal role in implementing the
CBD. The NBA, along with State Biodiversity Boards (SBB) and Biodiversity Management
Committees (BMC), ensures the conservation of biodiversity, sustainable use of biological
resources, and equitable sharing of benefits arising from their use. The Biological Diversity Act
of 2002, enacted by India, embodies the principles of the CBD and has been instrumental in
safeguarding India’s rich biodiversity.

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However, the Act also faced criticism for creating barriers to research and commercialization of
biological resources. To address these concerns, India passed the Biological Diversity
(Amendment) Act, 2023, which simplifies compliance requirements and facilitates research and
patent application processes.
Overall, the CBD and the NBA have significantly influenced the conservation and sustainable
use of biodiversity in India. They highlight the importance of biodiversity for ecological stability
and the necessity of equitable benefit-sharing for social justice. As we move forward, these
principles will continue to guide our interactions with the natural world, ensuring that we can
enjoy the benefits of biodiversity while preserving it for future generations.

29. Write a detailed note on the enforcement machinery provided under the Air Act,
1981. (10)
30. Explain the provisions regarding authorities appointed under the Air Act, 1981.(10)

The Air Act, 1981, enacted under Article 253 of the Indian Constitution, was a response to
India’s commitment at the Stockholm Conference. It was introduced seven years after the Water
Act, 1974, and follows similar principles. The Act focuses on air pollution prevention, control,
and abatement, and allows for the establishment of boards to achieve these goals. Air pollution,
as defined by the Act, refers to any substance in the atmosphere, including noise, that could harm
humans, other living creatures, plants, property, or the environment.

Air Act, 1981

Need & Scope of the Act
The United Nations Conference on the Human Environment, held in Stockholm in 1972, led to
countries, including India, committing to preserving natural resources. As a result, India enacted
The Air (Prevention and Control of Air Pollution) Act, 1981, under Article 253 of the
Constitution. This Act, applicable across India, aims to prevent, control, and reduce air pollution.
It establishes Boards responsible for these tasks. The Act also defines what constitutes air
pollution under Indian law, providing a basis for penalizing polluters.

Air Pollution & Air Pollutant

The Air Act, 1981 defines ‘air pollutant’ as any solid, liquid, or gaseous substance, including
noise, that may harm the environment, humans, other living creatures, plants, or property. ‘Air
pollution’ is defined as the presence of any air pollutant in the atmosphere.

Central & State Pollution Control Board

The Central Pollution Control Board consists of a full-time Chairman and Secretary, both with
expertise in environmental protection, up to five officials and members from the State Boards, up
to three officials representing various industries, and two persons from government-owned
companies or corporations.

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The State Pollution Control Board is composed of a Chairman (full-time or part-time), up to five
officials, up to five individuals from local authorities, up to three officials representing various
industries, and two persons from state-owned companies or corporations.

Functions of the Boards

The Central Board, as per Section 16, is responsible for preventing, controlling, and abating air
pollution nationwide. It advises the Central Government, coordinates state activities, provides
technical assistance, conducts research, implements training, promotes awareness through media,
collects and publishes data, sets air quality standards, and establishes laboratories.
The State Boards, according to Section 17, plan and implement programs for air pollution
prevention, control, and abatement. They collect and disseminate information, conduct training
and awareness programs, inspect control equipment and industrial plants, assess air quality, set
emission standards, advise the State Government on the location of industries, and establish state
laboratories.

Powers of the Boards

The Boards under the Air Act, 1981 have several powers:
● Direction Power: The Central Board follows the Central Government’s directions, and
the State Boards follow their respective State Governments’ directions (Section 18). In
case of conflict, the Central Government resolves the matter. In emergencies, the Central
Government can perform the functions of the State Board.
● Power to Declare Air Pollution Areas: The State Government can declare, extend,
reduce, or merge air pollution areas after consulting the State Board (Section 19).
● Restrictions on Automobile Emissions: The State Government can issue instructions to
the authority responsible for vehicle registration to ensure compliance with emission
standards (Section 20).
● Restrictions on Industrial Plants: Industrial plants must be set up with the consent of
the State Board and comply with certain conditions, such as installing necessary control
equipment and erecting chimneys where directed (Section 21).
● Emission Standards: No person operating an industry can emit pollutants in excess of
the standards set by the State Board (Section 22).
● Power to Restrain Air Pollution: If the Board believes an industrial plant is causing
excess emissions, it can apply to the Court to restrain the person running the plant
(Section 22A).
● Furnishing of Information: In case of emissions exceeding the prescribed limit due to
an accident or unforeseen event, the person operating the industrial plant must report the
facts to the State Board and other relevant authorities (Section 23).
● Power of Entry and Inspection: A person authorized by the State Board can enter any
place to perform any of the functions assigned to them. They can inspect any control
equipment, industrial plant, record, register, or any other document or object (Section 24).

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 ● Power to Obtain Information: The State Board or any person empowered by it can call
for information regarding the type of air pollutant and the amount of emissions released
by any plant or equipment (Section 25).
● Power to Take Samples: Samples of air or emissions may be taken from any chimney,
flue, duct, or outlet. The samples are admissible in legal proceedings only if certain
conditions are met, such as notifying the occupier or their agent, collecting the sample in
their presence, and placing it in a marked and sealed container (Section 26).

These powers enable the Boards to effectively prevent, control, and abate air pollution.

Penalties under this Act

The Air Act, 1981 provides several penalties for non-compliance:
● Section 37: Failure to comply with Sections 21, 22, and directions under Section 31A can
lead to imprisonment for up to one year and six months, extendable to six years with a
fine. If non-compliance continues, an additional fine of five thousand rupees is imposed
daily.
● Section 38: Acts such as destroying Board property, obstructing Board functions, failing
to furnish information, or giving false statements or information are punishable with up to
three months’ imprisonment, a fine of up to ten thousand rupees, or both.
● Section 39: Non-compliance with any order or direction not specified elsewhere in the
Act is punishable with three months’ imprisonment, a fine of three thousand rupees, or
both. Continued failure incurs an additional fine of five thousand rupees daily.
● Section 40: Offences committed by a company are deemed to be committed by every
person in charge of and responsible to the company, who can be punished under the Act.
However, if the offense was committed without their knowledge or despite their due
diligence, they won’t be held liable.
● Section 41: If a government department commits an offence, the head of the department
is liable to be proceeded against and punished accordingly. However, if the offence was
committed without their knowledge or despite their due diligence, they won’t be held
liable.

Procedure under this Act

Sections 42 to 46 of the Air Act, 1981 cover various procedures:
● Section 42: Protects the government, its officers, and Board members and employees
from legal proceedings for actions done in good faith under the Act.
● Section 43: Specifies that the Court will only take cognizance of offences where the
complaint is made by a Board or any officer authorized by it, or any person who has
given notice of the alleged offence and their intention to make a complaint to the Board
or an officer authorized by it.

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 ● Section 44: Deems all members, officers, and other employees to be public servants
under Section 21 of the Indian Penal Code 1860.
● Section 45: Requires the Central Board to provide information to the Central
Government and the State Board to provide information to both the Central Board and the
State Government.
● Section 46: Bars civil courts from having jurisdiction in any matter which an Appellate
Authority formed under this Act is empowered to decide, and prohibits the granting of an
injunction in respect of any action taken under the Act.

Case Studies
In the case filed by M.C. Mehta, the Supreme Court of India expanded the scope of Article 21 of
the Constitution to include the right to a healthy environment and clean air. This led to the
introduction of lead-free petrol and compressed natural gas (CNG) in Delhi. The Court also set
up a committee to find long-term solutions to Delhi’s air pollution problem.
In Subhash Kumar v. State of Bihar, it was held that the right to life under Article 21 included
the right to a pollution-free environment. Government bodies were obligated to take positive
measures to ensure a healthy environment.

Air pollution in Delhi has been a major issue since the 1990s. In response, the Supreme Court
issued a notice to the Delhi government in 1996, asking for an action plan for clean air. The
Environment Pollution (Prevention and Control) Authority (EPCA) and the National Clean Air
Programme (NCAP) were established.
Despite these measures, air pollution in Delhi continues to be a problem due to factors like an
increase in vehicles, stubble burning, and construction activities. However, efforts to combat this
issue have increased, with the implementation of measures like the Odd-even scheme and bans
on crackers and construction activities.

In 2016, the Supreme Court asked the national government to create a plan to combat episodes of
heavy air pollution. This led to the creation of the Graded Response Action Plan (GRAP), which
identifies high-pollution areas in Delhi and formulates local actions for those areas. Despite these
efforts, Delhi continues to face an air crisis every year due to a variety of factors.

Conclusion
While the legislation for managing air pollution is comprehensive and scientifically grounded,
with Pollution Control Boards granted extensive powers to regulate emissions, enforcement of
these regulations remains a challenge.

31. Explain the concept of sustainable development with recent judicial

pronouncements. (10)
32. Explain doctrine of sustainable development with landmark judicial decisions. (10)

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Sustainable development is a balancing principle that integrates economics and ecology in
decision-making. It opposes the traditional view that development and ecological conservation
are incompatible. This concept has become a key objective for many global decision-makers,
including the Indian judiciary, which has upheld it as a crucial principle in maintaining
equilibrium between environmental protection and development.

Origin of Sustainable Development

The term “sustainable development” emerged during the early 1970s with the Cocoyoc
Declaration. It gained momentum with the 1972 Stockholm Declaration and was further defined
in the 1987 report “Our Common Future” by the World Commission on Environment and
Development. The concept was solidified in the 1992 Rio Declaration.

Meaning of Sustainable Development

Sustainable development is a policy that promotes ongoing development without degrading the
environment. It’s defined in the Brundtland report as development that fulfills present needs
without jeopardizing the ability of future generations to meet their own needs. Essentially, it’s
about improving human well-being in a way that doesn’t compromise future generations’ ability
to do the same.

Components of Sustainable Development

Sustainable development involves enhancing economic efficiency, restoring ecological systems,
and improving people’s welfare. The “Our Common Future” report by the World Commission on
Environment and Development identified environmental protection, economic growth, and social
equity as key factors. Similarly, Austria’s sustainable development strategy, adopted in 2002,
emphasizes natural resources, economic development, and a foreign development strategy.

Role of Indian Judiciary

Post the 1984 Bhopal gas tragedy, India’s environmental jurisprudence saw significant
development, with the judiciary playing a key role in promoting sustainable development. The
scope of Article 21 was expanded to include the right to a clean and healthy environment under
the right to life.
Key cases include:
● Vellore Citizens Welfare Forum v. Union of India: The court discussed sustainable
development and outlined its principles, including intergenerational equity, use and
conservation of natural resources, environmental protection, precautionary principle,
polluter pays principle, obligation to assist and cooperate, eradication of poverty, and
financial assistance to developing countries.

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 ● Narmada Bachao Andolan v. Union of India: The court defined sustainable
development as the type or extent of development that can be sustained by nature/ecology
with or without mitigation.
● Ratlam Municipality v. Vardhichand: This case sowed the seed of sustainable
development in India. The Supreme Court held that the municipality cannot deny the
performance of its statutory duties to clean and dispose of dirt and rubbish from public
areas, owing to budgetary constraints. The court emphasized that the right to live with
dignity and decency is an inseparable facet of human rights and it is the statutory
obligation of the municipalities to promote public welfare and health regardless of
financial insufficiency.
● M.C. Mehta v. Union Of India & Ors: The court emphasized the need for a balance
between development and environmental protection.
● Indian Council for Enviro Legal Action v. Union of India: The court held that economic
development should not occur at the cost of ecology or by causing widespread
environmental destruction.
● N.D Jayal v. Union of India: The court observed that adherence to the principle of
sustainable development is essential for maintaining the balance between the rights to
environment and development.
These decisions underscore the importance of sustainable development and environmental
preservation in regulating developmental activities.

Conclusion
Sustainable development is a balance between environmental protection and progress. It’s
essential for preserving the environment without hindering development. It involves key
elements like combating poverty, changing consumption patterns, creating healthy settlements,
managing pollution and energy. Both the right to a clean environment and the right to
development are fundamental human rights. Sustainable development ensures these rights,
promoting a future where development and environmental preservation coexist.

33. Explain the meaning of Environment Impact Assessment and write a brief note on
EIA notification of 1994 and 2006. (10)

Environmental Impact Assessments (EIAs) originated in the United States in the early 1970s
with the passage of the National Environmental Policy Act (NEPA). NEPA requires federal
agencies to prepare an EIA for all major projects that could significantly impact the environment.
The EIA process has since been adopted by many other countries around the world.
EIAs began to be conducted in the 1960s as a component of U.S. environmental policy. Over
time, EIAs have moved from initially only assessing impacts on the natural environment, to
integrating social and health impacts as well.

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The United Nations Environment Program defines EIA as a tool used to identify the
environmental, social, and economic impacts of a project prior to decision-making. It aims to
predict environmental impacts at an early stage in project planning and design, find ways and
means to reduce adverse impacts, shape projects to suit the local environment and present the
predictions and options to decision-makers.
By using EIA, both environmental and economic benefits can be achieved, such as reduced cost
and time of project implementation and design, avoided treatment/clean-up costs and impacts of
laws and regulations. The intention of Environmental Impact Assessments aim to provide a high
level of protection for the environment and to contribute in the integration of environmental
considerations into the preparation of projects, plans, and programs with a view to reduce their
environmental impact and create sustainable infrastructure for our cities.

Environmental Impact Assessment

Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental
impacts of a proposed project or development. It takes into account inter-related socio-economic,
cultural, and human-health impacts, both beneficial and adverse. EIA is a tool used to identify
the environmental, social, and economic impacts of a project before decision-making. It aims to
predict environmental impacts at an early stage in project planning and design, find ways and
means to reduce adverse impacts, shape projects to suit the local environment and present the
predictions and options to decision-makers.

EIA Notification 1994

The EIA Notification of 1994 was introduced by the Union Ministry of Environment and
Forests under the Environmental (Protection) Act 1986. It made Environmental Clearance (EC)
mandatory for expansion or modernisation of any activity or for setting up new projects listed in
Schedule 1 of the notification. The notification required that any new project or the expansion or
modernization of any existing industry or project listed in the Schedule-I shall submit an
application to the Secretary, Ministry of Environment and Forests, New Delhi. The application
was to be accompanied by a project report which included an Environmental Impact Assessment
Report, an Environment Management Plan and details of public hearing.

EIA Notification 2006

The EIA Notification of 2006 superseded the 1994 notification. It imposed certain restrictions
and prohibitions on new projects or activities, or on the expansion or modernization of existing
projects or activities based on their potential environmental impacts. The required construction
of new projects or activities or the expansion or modernization of existing projects or activities
listed in the Schedule to this notification entailing capacity addition with change in process and
or technology was to be undertaken in any part of India only after the prior environmental
clearance from the Central Government or as the case may be, by the State Level Environment
Impact Assessment Authority.

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Difference between EIA Notification 1994 & 2006
The EIA Notification in India was introduced in 1994 and updated in 2006. The main change
was the decentralization of power to the State Government, allowing them more control over
environmental clearances. The 2006 notification also included guidelines for Temporary
Working Permission and provided clarifications regarding EIA Clearance for Change in
Product-Mix and Integrated Projects. The EIA is a key tool for sustainable development, helping
to identify and mitigate possible environmental effects of proposed projects.

34. Write a brief note on the Public Liability Insurance Act, 1991. (10)

The Public Liability Insurance Act of 1991 is a part of tort law that mandates companies
handling hazardous materials to have liability insurance. The law aims to provide immediate
relief to victims affected by accidents involving hazardous substances. It requires owners to
compensate those who have suffered damages, including providing compensation to the legal
heirs in case of death. The Act is particularly relevant for businesses such as shopping centers,
night clubs, and theaters, where there is a risk of accidents. The law applies to all owners
involved in the production or handling of hazardous chemicals and covers claims by individuals
who have suffered injury or property damage in connection with the business. The insurance
provides coverage in the event of an accident at the company’s premises.

Reason Behind Enactment

The Bhopal Gas Tragedy, considered the world’s worst industrial disaster, occurred on December
3, 1984, when a chemical reaction at the Union Carbide (India) Limited plant led to the release
of a deadly gas, methyl isocyanate (MIC). The incident resulted in the death of nearly 3,000
people and caused injuries and various forms of harm to thousands more, including wildlife and
the environment.
In response to this tragedy, the Indian government enacted several legislative measures,
including the Public Liability Insurance Act 1991. This Act mandates owners of hazardous
industries to have insurance policies that cover liabilities from accidents causing death, injury, or
damage. However, enforcement of these provisions has been criticized.
Other legislative measures include the Environment Protection Act, 1986, which expanded the
central government’s powers to regulate facilities, and the Factories Act, 1987, and the
Hazardous Wastes Act, 1989, which imposed responsibilities on industries. These laws aimed to
prevent such disasters in the future and ensure immediate assistance to victims.

Public Liability Insurance Act, 1991

The Public Liability Insurance Act, 1991 was enacted to provide immediate relief to persons
affected by accidents occurring while handling hazardous substances. Here are the key
provisions of the Act:

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 ● Short Title and Commencement: The Act may be called the Public Liability Insurance
Act, 1991.
● Definitions: The Act provides definitions for terms such as “accident”, “Collector”,
“handling”, “hazardous substance”, and "insurance".
● Liability to Give Relief in Certain Cases on Principle of No Fault: The Act establishes
the principle of no-fault liability, which means that the owner is liable to give relief in
certain cases regardless of any negligence or fault on their part.
● Duty of Owner to Take Out Insurance Policies: The Act mandates that all enterprises
that own or have control over the handling of any hazardous substance must subscribe to
a public liability insurance policy.
● Verification and Publication of Accident by Collector: The Act empowers the
Collector to verify and publish accidents.
● Application for Claim for Relief: The Act provides a mechanism for affected persons to
apply for relief.
● Award of Relief: The Act outlines the process for the award of relief.
● Establishment of Environmental Relief Fund: The Act provides for the establishment
of an Environmental Relief Fund.
● Penalties: The Act prescribes penalties for contravention of certain provisions.
● Offences by Companies: The Act outlines the liabilities of companies in case of
offenses.

The Act aims to provide immediate relief to the persons affected by accidents occurring while
handling any hazardous substance. It is a part of tort law, which focuses on civil law misconduct.
The applicant (the injured party) usually sues the accused (owner or convict) due to negligence
and/or damage.

35. Short Notes (5 marks each)

a. Transboundary pollution
Transboundary pollution refers to the pollution that originates in one country but is able to cause
damage in another country’s environment, by crossing borders through pathways like water or
air. The concept of the global commons is important to an understanding of transboundary
pollution. As both population and production increase around the globe, the potential for
pollution to spill from one country to another increases. Transboundary pollution can take the
form of contaminated water or the deposition of airborne pollutants across national borders. It
can be caused by catastrophic events such as the Chernobyl nuclear explosion or by the creeping
of industrial discharge that eventually has a measurable impact on adjacent countries.

In the United States, the Environmental Protection Agency (EPA) writes the regulations that are
enforced by the states. The general rule is that states may enact environmental regulations that
are more strict than what the EPA has enacted, but not less strict. In some cases, interstate
compacts are designated by the EPA to deal with issues of pollution control. An example of this

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is the regional compacts for the management of low-level radioactive waste materials. These
interstate compacts meet and make policy for the siting and management of facilities, the
transport of materials, and the long-term planning for adequate and safe storage of low-level
radioactive waste until its radioactivity has been exhausted. Other jurisdictions such as this in the
U.S. deal with transboundary issues of air quality, wildlife management, fisheries, endangered
species, water quality, and solid waste management.

b. Manufacture, storage and import of hazardous chemical rules

The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 is a set of rules
established by the Ministry of Environment and Forests (MoEF) in India to regulate the
manufacture, storage, and import of hazardous chemicals. The rules were enacted under the
Environment (Protection) Act, 1986, and are enforced by the Central Pollution Control Board
(CPCB). The rules define hazardous chemicals as any chemical that satisfies any of the criteria
laid down in Part I of Schedule I and is listed in Column 2 of Part II of this Schedule, or any
chemical listed in Column 2 of Schedule 2 or Schedule 3. The rules also define terms such as
“export,” “import,” “industrial activity,” and “isolated storage”.

The rules require that any person who intends to undertake any industrial activity involving
hazardous chemicals must obtain prior consent from the State Pollution Control Board (SPCB).
The rules also mandate that the occupier of an industrial activity must prepare and submit a
safety report to the SPCB. The report must contain information on the hazardous chemicals used,
the quantity of chemicals stored, and the safety measures taken to prevent accidents. The rules
also require that the occupier of an industrial activity must maintain an inventory of hazardous
chemicals and submit it to the SPCB.

Recently, the MoEFCC and the CPCB have developed an integrated guidance framework for
chemical safety in isolated storage and industries subject to the Manufacture, Storage, and
Import of Hazardous Chemicals Rules, 1989. This framework is in accordance with the National
Environmental Court Order dated June 11, 2021.

c. Sustainable development
Sustainable development is a concept that aims to meet the needs of the present generation
without compromising the ability of future generations to meet their own needs. It is an approach
to development that balances different needs against an awareness of the environmental, social,
and economic limitations we face as a society. The United Nations has defined sustainable
development as “development that meets the needs of the present without compromising the
ability of future generations to meet their own needs”.
The concept of sustainable development is based on three pillars: economic, social, and
environmental. These pillars are interconnected and must be balanced to achieve sustainable
development. Sustainable development requires the integration of economic, social, and

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environmental policies and practices. It is a long-term approach to development that seeks to
create a positive future for all people and the planet.

d. Offenses and penalties under the Forest Act, 1927

The Indian Forest Act, 1927 is a law that consolidates all previous legislation regarding forests
and forest produce prior to the 1920s in India. The Act empowers the government and Forest
Department to create Reserved Forests and to use them for government use alone. The Act
defines “forest-offence” as an offence punishable under this Act or under any rule made
thereunder.

The Act prescribes a penalty for offenses committed under it under Chapter IX. This involves the
seizure of property, confiscation of produce, imprisonment, fine, etc. Forest officers or
Police-Officers, if they have sufficient reason to believe that a forest-offense has been committed
with respect to forest-produce, are authorized to seize such produce together with tools, boats,
vehicles or cattle which might have been used in committing such offense. The Act also provides
for the procedure to be followed in case of seizure of property liable to confiscation, and the
power to release property seized.

e. Criminal liability and environment protection

Criminal liability is a legal term that refers to the responsibility of an individual or organization
for committing a crime. Environmental protection is the practice of preserving and protecting the
natural environment from harmful human activities. Criminal liability and environmental
protection are related in the sense that criminal law can be used to enforce environmental
protection. In India, the Indian Penal Code, 1860 and the Environment Protection Act, 1986
are two important legislations that deal with environmental crimes. These laws aim to deter and
prevent environmental crimes by imposing criminal liability on individuals and organizations
that violate environmental regulations. The Indian Penal Code, 1860, for instance, provides for
punishment for offenses such as water pollution, air pollution, and damage to public health.
The Environment Protection Act, 1986, on the other hand, provides for the protection and
improvement of the environment and the prevention of hazards to human beings, other living
creatures, plants, and property. It also provides for the establishment of authorities to regulate
and enforce environmental laws. Criminal liability can be an effective tool in enforcing
environmental protection, as it can help deter individuals and organizations from engaging in
activities that harm the environment. However, there are also criticisms of the use of criminal
law in environmental protection, as it can be difficult to prove criminal intent in environmental
cases.
f. Kinds of environmental pollution
(Already done Q.3)

g. E-waste management

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E-waste management refers to the handling and management of electronic waste, such as
phones, computers, tablets, and more. E-waste is the fastest-growing waste stream in India, with
3.2 million tonnes generated annually, the third-highest after China and the USA. The Indian
government has introduced E-waste Management Rules to promote sustainable technologies
and Extended Producer Responsibility (EPR) through authorized dismantlers and recyclers. The
rules aim to control and minimize e-waste handling and recycling by the informal sector,
promote the establishment of an efficient e-waste collection mechanism, and ensure
environmentally sound and safe management of e-waste.

The process of e-waste recycling primarily involves two stages: manual collection and
processing, which includes sorting, separating, cleaning, emptying, dismantling, and segregation;
and mechanical processing, which includes shredding, grinding, and selective treatment. Given
that e-waste recycling involves many such stages and processes, the role of technologies in this
space becomes crucial to ensure sustainable and timely recycling of e-waste. Many public R&D
labs in India, such as CIPET, CSIR-NML, C-MET Hyderabad, and CSIR-NEERI, are working in
this space and have also developed various technologies focusing on dismantling and
segregation, processing of printed circuit boards, recovery of rare earth metals, plastic recycling,
and more.

h. Precautionary principle
The Precautionary Principle is a concept in environmental law that states that if there is a risk of
severe damage to the environment, absence of incontrovertible, conclusive, or definite scientific
proof is not a reason for inaction. It is a better-safe-than-sorry approach, in contrast with the
traditional reactive wait-and-see approach to environmental protection. The principle shifts the
burden of proof on the shoulders of the person who is arguing that the activity they are carrying
out is not harmful. The Precautionary Principle encourages “action taking” to antedate and
prevent damage to the environment.

The Precautionary Principle has been adopted in many environmental instruments all over the
world. In India, the principle has been adopted in various environmental laws and regulations,
such as the National Biodiversity Act, 2002, the Water (Prevention and Control of Pollution) Act,
1974, and the Air (Prevention and Control of Pollution) Act, 1981. The principle is also reflected
in the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.

i. Authorities under the Water Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974 is a legislation enacted by the
Indian Parliament to prevent and control water pollution. The act establishes two main agencies,
namely, the Central Pollution Control Board (CPCB) and the State Pollution Control Board
(SPCB), to regulate and enforce the provisions of the act. The CPCB is responsible for
coordinating the activities of the SPCBs and providing technical assistance and guidance to
them. The SPCBs, on the other hand, are responsible for implementing the provisions of the act

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within their respective states. The act empowers the CPCB and SPCBs to establish and enforce
effluent standards for factories discharging pollutants into water bodies. The act also provides for
penalties for non-compliance with its provisions.

j. CRZ notification
The Coastal Regulation Zone (CRZ) is a notification that was first issued in 1991 by the
Ministry of Environment and Forest and Climate Change (MoEFCC) with the objective of
conserving, preserving, and protecting the coastal environment. The CRZ 1991 notification
underwent several amendments and was then combined and published in the CRZ 2011
notification. The CRZ notification regulates activities in the coastal area and imposes restrictions
on the setting up and expansion of industries, operations or processes, and the like in the CRZ.
The CRZ notification has undergone several amendments since its inception, and the latest
amendment was made in November 2021.

The CRZ notification is an important tool for the protection of the coastal environment in India.
It has been adopted under the section 3 of Environment Protection Act, 1986 of India, and is
enforced by the Ministry of Environment and Forests (MoEF). The CRZ notification has been
amended several times to keep up with the changing needs of the environment and society.

k. Writ jurisdiction of High Court

The writ jurisdiction of the High Court is mentioned under Article 226 of the Indian Constitution
and it grants the high court the power to issue writs and also to the Supreme Court under Article
32. The High Court can issue writs such as habeas corpus, mandamus, prohibition, quo
warranto and certiorari to protect fundamental rights and other legal rights. The writs are
issued as an extraordinary remedy for aggrieved persons. The power to issue prerogative writs is
a discretionary power which means that the High Court may or may not issue a writ. The writ
jurisdiction of the High Court is not exclusive, but rather concurrent with the Supreme Court’s
writ jurisdiction (under Article 32). It means that when a citizen’s fundamental rights are
violated, the aggrieved party has the option of directly moving either the High Court or the
Supreme Court. The jurisdiction of the High Court can be divided into two parts: Territorial and
Extra-territorial. The High Courts have the right to issue writs within the territory of the state
which the High Court is concerned with. Under Article 226(2), the court has been granted a
certain degree of extra-territorial jurisdiction as well.

l. Types of forest
(Done in Q.25)

m. Environment impact assessment

Environmental Impact Assessment (EIA) is a process of evaluating the potential
environmental impacts of a proposed project or development scheme before it is implemented.
The EIA process is a decision-making tool that compares various alternatives for a project and

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seeks to identify the one that represents the best combination of economic and environmental
costs and benefits. The EIA process is an important tool for ensuring sustainable development
and minimizing any irreversible or prolonged damage to the environment.

In India, the EIA process is governed by the Environmental Impact Assessment Notification,
2006. The notification requires that all projects listed in Schedule I and II of the notification must
undergo an EIA process before they can be granted environmental clearance. The EIA process
involves several stages, including screening, scoping, public consultation, appraisal,
decision-making, and post-monitoring. The EIA process is conducted by an Expert Appraisal
Committee (EAC) constituted by the Ministry of Environment, Forest and Climate Change
(MoEFCC). The EAC evaluates the EIA report submitted by the project proponent and makes
recommendations to the MoEFCC. The MoEFCC then takes a final decision on whether to grant
environmental clearance to the project or not.

n. Wildlife Advisory Board

The National Board for Wildlife (NBWL) is a statutory organization established under the
Wildlife Protection Act, 1972. It is an advisory board that advises the central government on
policy matters related to wildlife conservation in India. The NBWL is responsible for reviewing
and approving all matters related to wildlife, projects of national parks, sanctuaries, etc. The
board has 47 members, with the Prime Minister as the Chairperson and the Minister in charge of
the Ministry of Environment, Forest and Climate Change as the Vice-Chairperson. The board
also includes three Members of Parliament, five NGOs, and ten eminent ecologists,
conservationists, and environmentalists. The board has the power to review all wildlife-related
matters and approve projects in and around national parks and sanctuaries. It also advises the
state governments in the selection and administration of areas to be declared as sanctuaries,
national parks, closed areas, and the formulation of policies for the protection and conservation
of wildlife and specified plants. The board’s duties also include measures to be taken for
harmonizing the needs of the tribals and other forest dwellers with the protection and
conservation of wildlife.

o. Environment and protection of cultural rights

The United Nations Sustainable Development Group has published a guidance note on human
rights and the environment. The note emphasizes that environmental sustainability and the
promotion, protection, and fulfillment of human rights are complementary objectives at the core
of sustainable development. It also highlights that ecosystems and the services they provide
directly contribute to the full enjoyment of human rights. States have clear human rights
obligations to prevent the adverse impacts of environmental degradation on the enjoyment of
human rights and to protect environmental human rights defenders. Businesses also have a
responsibility to respect human rights, do no harm, and exercise due diligence in carrying out
their activities. In the event that environmental and human rights harms occur, both States and
businesses have obligations to ensure access to effective remedies.

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UNESCO’s normative framework emphasizes the need for an approach to the protection,
restoration, and preservation of cultural heritage that promotes universal respect for cultural
rights by all and reiterates the engagement of States to respect, protect and fulfill cultural rights
in the field of cultural heritage.

The Office of the United Nations High Commissioner for Human Rights has published a
report on cultural rights and sustainable development. The report states that cultural rights
protect the rights for each person, individually and in community with others, as well as groups
of people, to develop and express their humanity, their world view and the meanings they give to
their existence and their development through, inter alia, values, beliefs, convictions, languages,
knowledge and the arts, institutions and ways of life.

It is important to note that the right to a secure, healthy and ecologically sound environment is a
universal human right, and it is interdependent and indivisible from other human rights,
including civil, cultural, economic, political, and social rights.

p. The Noise Pollution (Regulation And Control) Rules, 2000

The Noise Pollution (Regulation and Control) Rules, 2000 is a set of regulations that were
introduced by the Indian Government to regulate and control noise pollution in public places.
The rules were established in response to the increasing ambient noise levels in public places
from various sources, including industrial activity, construction activity, generator sets,
loudspeakers, public address systems, music systems, vehicular horns, and other mechanical
devices that have deleterious effects on human health and the psychological well-being of the
people. The rules aim to regulate and control noise-producing and generating sources with the
objective of maintaining the ambient air quality standards in respect of noise. The rules define
ambient air quality standards in respect of noise for different areas/zones, responsibilities as to
enforcement of noise pollution control measures, restrictions on the use of loudspeakers/public
address systems, and other measures to control noise pollution. The rules are enforced by the
Central Government and the State Governments, and any violation of the rules is punishable
under the Environment (Protection) Act, 1986.
q. Absolute and strict liability
Strict liability and absolute liability are two legal concepts that are used to hold individuals or
entities responsible for their actions, even if they did not intend to cause harm.
Strict liability is a legal doctrine that holds a party responsible for any damages caused by their
actions or products, regardless of whether they were negligent or not. The principle of strict
liability evolved in the case of Rylands v. Fletcher. The principle states that any person who
keeps hazardous substances on their premises will be held responsible if such substances escape
the premises and cause any damage. The defendant will be held strictly liable only if a
“dangerous” substance escapes from their premises. For the purpose of imposing strict liability, a
dangerous substance can be defined as any substance that will cause some mischief or harm if it
escapes.

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Absolute liability is a legal doctrine that holds a party responsible for any damages caused by
their actions or products, regardless of whether they were negligent or not. However, unlike strict
liability, absolute liability applies only to commercial enterprises that engage in hazardous
activities. In absolute liability, a mistake of fact is not considered a defense. The principle of
absolute liability evolved in the case of M.C. Mehta v. Union of India. The Supreme Court of
India held that an enterprise engaged in a hazardous or inherently dangerous activity is
absolutely liable to compensate for any harm caused by such activity, irrespective of the fact
whether it had taken reasonable care or not.

r. Global warming
Global warming is a phenomenon of rising average air temperatures near Earth’s surface over
the past 100 to 200 years. The primary cause of global warming is the increase in the
concentration of greenhouse gasses in the atmosphere, mainly from human activities such as
burning fossil fuels, deforestation, and industrial processes. The effects of global warming
include rising sea levels, melting of glaciers and ice caps, more frequent and severe weather
events, and changes in precipitation patterns.

The Intergovernmental Panel on Climate Change (IPCC) has warned that the world needs to
limit global warming to 1.5°C above pre-industrial levels to avoid the worst impacts of climate
change. To achieve this, the world needs to reduce greenhouse gas emissions by 45% by 2030
and reach net-zero emissions by 2050.

Governments around the world are taking steps to address global warming, including setting
targets for reducing greenhouse gas emissions, investing in renewable energy, and promoting
energy efficiency. However, individual actions can also make a difference. Some ways to reduce
your carbon footprint include using public transportation, reducing meat consumption, and using
energy-efficient appliances.

s. Powers of forest officers

(Already done in Q.25)

t. Hazardous Wastes (Management and Handling) Rules

The Hazardous Wastes (Management and Handling) Rules are a set of rules that were
notified by the Central Government of India in 1989 to ensure safe handling, generation,
processing, treatment, package, storage, transportation, use reprocessing, collection, conversion,
and offering for sale, destruction and disposal of hazardous waste. The rules apply to all persons
who generate or handle hazardous waste in India. The rules define hazardous waste as any
substance or material which is harmful to human health or the environment when not properly
managed.

The rules lay down the responsibilities of various authorities such as the Ministry of
Environment and Forests (MoEF), the Central Pollution Control Board (CPCB), the State

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Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs), the Directorate
General of Foreign Trade (DGFT), the Port Authority and Custom Authority while State
Pollution Control Boards/ Pollution Control Committees have been designated with wider
responsibilities touching across almost every aspect of hazardous wastes generation, handing and
their disposal.

The rules also prescribe the steps for preventing, minimizing, reusing, recycling, recovering and
disposing of hazardous waste in an environmentally sound manner. The rules require every
occupier of a premises where hazardous waste is generated or handled to obtain an authorisation
from the concerned authority before commencing such activities. The rules also specify the
conditions for packaging, labeling and transporting hazardous waste.

The rules have been amended several times since their inception to incorporate new technologies
and practices for managing hazardous waste. The latest amendment was made in 2021 to include
electronic waste as a category of hazardous waste.

*****

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