ENVIRONMENTAL LAWS
BRIJESH PATEL
Patel.Brijesh@pdpu.ac.in
JURISPRUDENCE
AND
ENVIRONMENTAL
PROTECTION
Analyzing Legal Frameworks for
Environmental Sustainability
INTRODUCTION TO JURISPRUDENCE
• Jurisprudence: The theoretical study of law, exploring its
origins, philosophy, and applications.
• Environmental Jurisprudence: A specialized branch
focusing on legal principles governing environmental
protection.
• Importance: Helps shape policies, resolves disputes, and
ensures legal enforcement for environmental
conservation.
ENVIRONMENT AS • The environment is considered a legal entity,
protected through various national and
LAW SEES IT international laws.
• Key Perspectives:
• Anthropocentric View: Environment is valued for
its benefit to humans.
• Ecocentric View: Nature has intrinsic rights,
independent of human use.
• Sustainable Development: Balance between
economic growth and environmental protection.
METHOD OF LAW • Legislative Process:
ENACTMENT FOR • Drafting by legal experts and
ENVIRONMENTAL policymakers.
• Review and amendments by legislative
PROTECTION bodies.
• Enactment and enforcement by executive
agencies.
• Judicial Interpretations: Courts play a
crucial role in interpreting and
enforcing environmental laws.
• Public Participation: Citizens and
NGOs contribute through advocacy
and legal petitions.
SOFT LAW IN • Definition: Non-binding agreements, guidelines,
and principles influencing environmental law.
ENVIRONMENTAL • Examples:
PROTECTION • Stockholm Declaration (1972)
• Rio Declaration on Environment and Development
(1992)
• Paris Agreement (2015) – though legally binding,
many provisions are considered soft law.
• Significance: Helps develop international
consensus and guides policy-making.
HARD LAW IN • Definition: Legally binding rules and regulations
enforced by courts and authorities.
ENVIRONMENTAL • Examples:
PROTECTION • Environmental Protection Acts (e.g., US Clean Air
Act, EU Green Deal)
• International Treaties (e.g., Kyoto Protocol, Basel
Convention)
• National Constitutional Provisions ensuring
environmental rights.
• Importance: Ensures compliance, accountability,
and enforcement of environmental policies.
STOIC SCHOOL OF ZENO • Background: Founded by Zeno of Citium in the
AND ENVIRONMENTAL 3rd century BCE.
ETHICS • Key Principles:
• Harmony with nature: Stoicism emphasizes living
according to natural order and reason.
• Ethical Responsibility: Advocates moral obligations
toward nature and sustainable living.
• Influence on Modern Environmentalism: Stoic
ideas resonate with ecological ethics and
sustainability movements.
JURISPRUDENCE • Jurisprudence plays a crucial role in shaping
environmental laws.
• A combination of soft and hard laws helps in
effective environmental governance.
• Ethical perspectives, such as Stoicism, contribute
to a sustainable legal approach.
• The need for continued legal evolution to address
emerging environmental challenges.
THE CONSTITUTION AND ENVIRONMENTAL PROTECTION
A Study of Constitutional Provisions and Environmental Laws
INTRODUCTION
The Indian
Various provisions Judiciary plays a
Constitution provides
ensure sustainable crucial role in
a framework for
development and interpreting these
environmental
ecological balance. provisions.
protection.
IMPORTANCE OF ENVIRONMENTAL PROTECTION
ESSENTIAL FOR HUMAN PREVENTS CLIMATE CHANGE ENSURES SUSTAINABLE USE
HEALTH AND BIODIVERSITY AND POLLUTION. OF NATURAL RESOURCES.
CONSERVATION.
EVOLUTION OF ENVIRONMENTAL LAWS IN INDIA
Post-independence:
Pre-independence Increasing 42nd Amendment
era: Limited focus recognition of (1976): Major
on the environment. environmental constitutional shift.
issues.
THE CONSTITUTION AND THE ENVIRONMENT
The Constitution originally did not Amendments and judicial Fundamental Rights, Directive
include explicit environmental interpretations expanded its scope. Principles, and Fundamental Duties
provisions. now cover environmental aspects.
FUNDAMENTAL RIGHTS AND ENVIRONMENT
Article 21: Right to life Article 19(1)(g): Restriction on Supreme Court rulings
includes the right to a clean harmful trade practices. expanded environmental rights
and healthy environment. under Fundamental Rights.
DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP) AND ENVIRONMENT
Article 48A: Protection and Article 47: Duty of the state Article 39(b) & (c):
improvement of the to improve public health. Equitable distribution of
environment. resources.
FUNDAMENTAL DUTIES AND ENVIRONMENTAL PROTECTION
Article 51A(g): Duty of Encourages responsible Strengthens the role of civil
every citizen to protect and environmental behavior. society in environmental
improve the environment. conservation.
ROLE OF JUDICIARY IN ENVIRONMENTAL PROTECTION
EXPANDING THE SCOPE OF INTRODUCTION OF PRINCIPLES ACTIVE INTERVENTION IN
CONSTITUTIONAL PROVISIONS. LIKE THE POLLUTER PAYS ENVIRONMENTAL MATTERS.
PRINCIPLE AND THE
PRECAUTIONARY PRINCIPLE.
LANDMARK ENVIRONMENTAL CASES
MC Mehta v. Union of Subhash Kumar v. State of Vellore Citizens Welfare Rural Litigation &
India (1987, 1996) – Ganga Bihar (1991) – Right to Forum v. Union of India Entitlement Kendra v. State
pollution case. pollution-free water. (1996) – Polluter Pays of UP (1985) – Closure of
Principle. limestone quarries.
ARTICLE 253 – INTERNATIONAL AGREEMENTS AND ENVIRONMENTAL
LAWS
Empowers Parliament to make laws to Examples: The Environment Protection
implement international treaties. Act, 1986, and The Biodiversity Act, 2002.
ENVIRONMENTAL LEGISLATION IN INDIA
The Environment The Water (Prevention The Air (Prevention The Wildlife The Forest
Protection Act, 1986. and Control of and Control of Protection Act, 1972. Conservation Act,
Pollution) Act, 1974. Pollution) Act, 1981. 1980.
THE ROLE OF LOCAL BODIES IN ENVIRONMENTAL PROTECTION
Article 243G & 243W Waste management, Smart Cities and
empower Panchayats and pollution control, and environmental sustainability.
Municipalities. sustainable development.
ENVIRONMENTAL POLICIES IN INDIA
NATIONAL NATIONAL ACTION GREEN INDIA MISSION.
ENVIRONMENTAL PLAN ON CLIMATE
POLICY, 2006. CHANGE.
THE POLLUTER PAYS PRINCIPLE
Concept of making the Integrated into Indian Example: Industrial pollution
polluter bear environmental environmental laws. penalties.
costs.
THE PRECAUTIONARY PRINCIPLE
Preventive measures before Judicial support in landmark Example: Ban on harmful
environmental harm occurs. cases. pesticides.
SUSTAINABLE DEVELOPMENT AND CONSTITUTIONAL FRAMEWORK
Balancing economic growth Stockholm Conference Judicial interpretation in
and environmental (1972) and its impact. India.
conservation.
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
Required for large-scale Ensures mitigation of EIA Notification, 2006.
projects. environmental damage.
ROLE OF NGOS IN ENVIRONMENTAL PROTECTION
Greenpeace, WWF, and Advocacy and Public Interest
local organizations. awareness campaigns. Litigations (PILs).
CASE STUDY – GANGA RIVER POLLUTION
Legal interventions and National Mission for Challenges and way
government initiatives. Clean Ganga (NMCG). forward.
FOREST AND WILDLIFE CONSERVATION IN INDIA
National Parks and Role of the Forest Human-wildlife
Wildlife Sanctuaries. Rights Act, 2006. conflict management.
AIR POLLUTION AND LEGISLATIVE MEASURES
The Air Act, 1981. National Clean Air Control measures in
Programme (NCAP). major cities.
WATER POLLUTION AND LEGISLATIVE MEASURES
The Water Act, 1974. Wastewater Role of State Pollution
management strategies. Control Boards.
CLIMATE CHANGE AND THE INDIAN CONSTITUTION
Climate adaptation Paris Agreement Role of renewable
policies. commitments. energy initiatives.
ROLE OF CITIZENS IN ENVIRONMENTAL PROTECTION
Community-led Reducing carbon Legal activism and
initiatives. footprint. PILs.
CHALLENGES IN ENVIRONMENTAL GOVERNANCE
Weak
Industrialization Climate change
enforcement of
and pollution. threats.
laws.
THE FUTURE OF ENVIRONMENTAL PROTECTION IN INDIA
Strengthening policies and Enhancing public Technological innovations
legal frameworks. participation. for sustainability.
CONCLUSION
The Constitution provides a Judiciary plays a key role in Collective responsibility for
robust legal framework. environmental jurisprudence. environmental protection.
