Environmental Law
Overview of Environmental Law
Introduction to Environmental Law
Environmental Law involves the regulations and principles that govern the interaction between humans and the natural environment, aiming to protect and preserve natural resources.
Historical Development of Environmental Law in India
The development of environmental laws in ancient texts, during the medieval period, changes and codifications during British rule, and modern developments post-independence.
Constitutional Provisions
- Article 48A: Directive Principles of State Policy mandating the state to protect and improve the environment.
- Article 51A(g): Fundamental Duty of every citizen to protect and improve the natural environment.
- Right to Life (Article 21): Judicial interpretation of the right to a healthy environment as part of the right to life.
Key Environmental Legislations
- The Water (Prevention and Control of Pollution) Act, 1974: Regulation of water pollution and establishment of Pollution Control Boards.
- The Air (Prevention and Control of Pollution) Act, 1981: Regulation of air pollution and establishment of Pollution Control Boards.
- The Environment (Protection) Act, 1986: Comprehensive legislation for environmental protection, including pollution control and hazardous waste management.
- The Wildlife (Protection) Act, 1972: Conservation of wildlife and establishment of protected areas.
- The Forest (Conservation) Act, 1980: Regulation of deforestation and conservation of forests.
- The Public Liability Insurance Act, 1991: Mandatory insurance for industries to provide immediate relief to persons affected by accidents.
International Environmental Law
- Stockholm Declaration, 1972: Foundation of modern environmental law, emphasizing the need for international cooperation.
- Rio Declaration, 1992: Principles of sustainable development, precautionary principle, and polluter pays principle.
- Kyoto Protocol, 1997: International treaty to reduce greenhouse gas emissions.
- Paris Agreement, 2015: Global agreement to combat climate change and limit global warming.
Environmental Impact Assessment (EIA)
Environmental Impact Assessment (EIA) is the assessment of the potential environmental impact of proposed projects to mitigate adverse effects. It involves processes like screening, scoping, public consultation, and reporting, governed by the Environment Impact Assessment Notification, 2006.
Role of Judiciary in Environmental Protection
The judiciary plays a crucial role in environmental protection through Public Interest Litigation (PIL) and landmark judgments such as M.C. Mehta v. Union of India (Ganga Pollution Case), Subhash Kumar v. State of Bihar (Right to Clean Water), Vellore Citizens' Welfare Forum v. Union of India (Polluter Pays Principle), and Indian Council for Enviro-Legal Action v. Union of India (Bichhri Case).
Enforcement and Regulatory Authorities
- Central Pollution Control Board (CPCB): Implementation and enforcement of environmental laws.
- State Pollution Control Boards (SPCBs): Monitoring and controlling pollution at the state level.
- National Green Tribunal (NGT): Specialized tribunal for expeditious disposal of environmental cases.
Exam Preparation Tips
- Study the Acts Thoroughly
- Case Law
- Mock Tests and Past Papers
- Understanding Concepts
Related Questions for Environmental Law
Multiple Choice Questions (MCQs)
1. Which act regulates water pollution in India?
- A) The Water (Prevention and Control of Pollution) Act, 1974
- B) The Air (Prevention and Control of Pollution) Act, 1981
- C) The Environment (Protection) Act, 1986
- D) The Wildlife (Protection) Act, 1972
2. The Central Pollution Control Board was established under which act?
- A) The Water (Prevention and Control of Pollution) Act, 1974
- B) The Air (Prevention and Control of Pollution) Act, 1981
- C) The Environment (Protection) Act, 1986
- D) The Wildlife (Protection) Act, 1972
3. The Rio Declaration was adopted in which year?
- A) 1972
- B) 1986
- C) 1992
- D) 1997
4. The principle of "Polluter Pays" was highlighted in which case?
- A) M.C. Mehta v. Union of India
- B) Subhash Kumar v. State of Bihar
- C) Vellore Citizens' Welfare Forum v. Union of India
- D) Indian Council for Enviro-Legal Action v. Union of India
5. The Environment (Protection) Act was enacted in:
- A) 1972
- B) 1980
- C) 1986
- D) 1991
Long Answer Questions
1. Discuss the role of the judiciary in environmental protection in India, with reference to landmark judgments.
2. Analyze the key provisions of the Environment (Protection) Act, 1986.
3. What is Environmental Impact Assessment (EIA)? Describe the process and its importance in sustainable development.
4. Examine the constitutional provisions related to environmental protection in India.
5. Describe the international environmental agreements and their impact on national environmental laws.
Fill-in-the-Blank Questions
1. The Environment (Protection) Act was enacted in the year __________.
2. Article __________ of the Indian Constitution mandates the state to protect and improve the environment.
3. The __________ Declaration of 1992 emphasizes sustainable development and international cooperation.
4. The Central Pollution Control Board was established under the __________ Act.
5. The National Green Tribunal (NGT) was established in the year __________.