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Environmental laws and bodies: quick recap
The whole chapter in one sitting: the constitutional base, the Water, Air and Environment (Protection) Acts, EIA and CRZ, the forest laws and the Forest Rights Act, the Biological Diversity Act, the National Green Tribunal and the principles built by the courts.
India's environmental law starts from the 42nd Amendment of 1976, which added Article 48A (the State shall protect the environment, forests and wildlife) and Article 51A(g) (the citizen's duty to protect nature). Parliament's power to legislate came by two routes. Water is a State subject, so the Water Act, 1974 was passed under Article 252 after state legislatures asked for it; it created the Central and State Pollution Control Boards and made discharges depend on their consent. The Air Act, 1981 used Article 253 to carry out the decisions of the Stockholm Conference of 1972, gave the same boards new duties and, from 1987, covered noise. Industries now need consent to establish and consent to operate, and are sorted into red, orange, green and white categories.
After the Bhopal gas leak of 1984, the Environment (Protection) Act, 1986 gave the Union government wide umbrella powers: to set standards, restrict industries in chosen areas, issue binding directions and even close a unit; Section 19 lets a citizen complain to a court after 60 days' notice. Much of the field's detail hangs from this Act: the waste rules, the Noise Rules of 2000 and eco-sensitive zones. The environment impact assessment Notification of 2006 makes listed projects obtain prior clearance: Category A from the Union ministry on the advice of an Expert Appraisal Committee, Category B from a state authority, after screening, scoping, public consultation and appraisal. The Coastal Regulation Zone notifications of 1991, 2011 and 2019 control building along the coast, measured from the high tide line.
Forest law has three layers. The Indian Forest Act, 1927 sorts forests into reserved, protected and village forests; since 2017 bamboo grown outside forests is no longer treated as a tree. The National Forest Policy, 1988 set the goal of one-third of the country (two-thirds of the hills) under forest or tree cover, and the India State of Forest Report 2023 put forest and tree cover at 25.17 per cent. The Forest (Conservation) Act, 1980 requires the Centre's prior approval before forest land is diverted. In Godavarman (1996) the Supreme Court read 'forest' in its dictionary sense, whoever owns the land; the 2023 amendment renamed the Act and narrowed its coverage, but a 2024 interim order kept the wide meaning in place. Land diverted must be made good through compensatory afforestation, whose money sits in funds under the CAF Act, 2016.
The Forest Rights Act of 2006 corrected what its preamble calls a historical injustice to forest dwellers whose rights were never recorded. Scheduled Tribes living in forests qualify if they were there before 13 December 2005; other traditional forest dwellers must show three generations, counted as 75 years, of residence before that date. The Act recognises individual rights to land under cultivation (up to 4 hectares) and community rights, including minor forest produce and the right to protect and manage a community forest resource. The Gram Sabha begins the process; sub-divisional and district committees examine claims, and the District Level Committee decides. The nodal ministry is Tribal Affairs. In the Niyamgiri case (2013) the Supreme Court left the decision on bauxite mining to the gram sabhas, and all twelve consulted rejected it.
The Biological Diversity Act, 2002 gives effect to the Convention on Biological Diversity. Its three tiers are the National Biodiversity Authority at Chennai, a State Biodiversity Board in each state, and a Biodiversity Management Committee in each local body, which keeps the People's Biodiversity Register. Foreigners need the NBA's prior approval to obtain Indian biological resources or related knowledge; Indians only give prior intimation to the state board, and local people, vaids and hakims are exempt. The 2023 amendment eased compliance and replaced jail terms with fines. The National Green Tribunal, set up on 18 October 2010 with its principal bench in New Delhi, hears environmental cases under seven Acts; the Wild Life Act, the Indian Forest Act and the Forest Rights Act are not among them. Appeals go to the Supreme Court within 90 days.
The courts filled the gaps the statutes left by reading a healthy environment into Article 21; in Subhash Kumar (1991) the right to life was held to include pollution-free water and air. Four principles followed. absolute liability (Oleum gas, 1987) makes a hazardous enterprise pay for any harm with no defence. The polluter pays principle (Bichhri, 1996) makes the polluter bear compensation and the cost of repair. The precautionary principle (Vellore, 1996) asks for action before scientific certainty and puts the burden of proof on the developer. The public trust doctrine (Kamal Nath, 1997) treats rivers, forests and the air as held in trust for the public. The NGT Act now obliges the tribunal to apply precaution, polluter pays and sustainable development. Read together, the chapter moves from constitutional duty to sector laws and regulators, and finally to principles that bind them all.
| Law | Constitutional route or base | Body | Most-asked point |
|---|---|---|---|
| Water Act, 1974 | Article 252 | Central and State Pollution Control Boards | Created the boards |
| Air Act, 1981 | Article 253 (Stockholm, 1972) | Same boards | Noise added in 1987 |
| Environment (Protection) Act, 1986 | Article 253 | Central government | Umbrella Act; Section 19, 60 days' notice |
| Forest (Conservation) Act, 1980 | Concurrent List (forests, 1976) | Central government; Forest Advisory Committee | Prior central approval; Godavarman (1996) |
| Forest Rights Act, 2006 | Rights of forest dwellers | Gram Sabha; District Level Committee | 13 December 2005 cut-off; 75 years; 4 ha |
| Biological Diversity Act, 2002 | Convention on Biological Diversity | NBA (Chennai); State Boards; BMCs | Foreigners need NBA approval |
| National Green Tribunal Act, 2010 | Article 21 and access to justice | NGT (New Delhi, four zonal benches) | Seven Acts; appeal to Supreme Court in 90 days |
Exam traps
- The Water Act, 1974 was made under Article 252; the Air Act, 1981 and the EPA, 1986 under Article 253. The Pollution Control Boards were created by the Water Act.
- White-category industries need no consent at all; Section 19 of the EPA requires 60 days' notice before a citizen's complaint.
- Category A EIA projects are cleared by the Union ministry on the advice of the Expert Appraisal Committee; the public hearing is held by the State Pollution Control Board.
- The one-third forest target comes from the National Forest Policy, 1988, not from any Act; diversion of forest land needs the Centre's prior approval under the 1980 Act.
- Under the Forest Rights Act the Gram Sabha starts the process but the District Level Committee decides; the nodal ministry is Tribal Affairs.
- Foreigners need the NBA's approval; Indians only intimate the State Biodiversity Board. The People's Biodiversity Register is kept by the Biodiversity Management Committee.
- The NGT's seven Acts exclude the Wild Life (Protection) Act, the Indian Forest Act and the Forest Rights Act.
- Absolute liability is Oleum gas (1987), polluter pays is Bichhri (1996), precaution as law of the land is Vellore (1996), public trust is Kamal Nath (1997).
Recap
- Articles 48A and 51A(g) (1976) give the duties; Articles 252 and 253 give Parliament the power.
- Water Act 1974 (Art. 252) created the Pollution Control Boards; Air Act 1981 (Art. 253) added air, and noise from 1987.
- EPA 1986 is the umbrella Act; EIA Notification 2006 (Category A and B) and CRZ notifications are made under it.
- Indian Forest Act 1927 classifies forests; Forest Policy 1988 sets the one-third goal; the 1980 Act needs prior central approval.
- Godavarman (1996): dictionary meaning of forest; CAF Act 2016: funds in public accounts, 90:10.
- Forest Rights Act 2006: 13 December 2005 cut-off, 75 years, up to 4 ha; Gram Sabha starts, District Level Committee decides; Niyamgiri (2013).
- Biological Diversity Act 2002: NBA (Chennai), State Boards, BMCs; NGT (2010): seven Acts, appeal to the Supreme Court in 90 days.
- Article 21 principles: absolute liability (1987), polluter pays (1996), precaution (1996), public trust (1997).
Practice questions
Q1. Under which Article of the Constitution did Parliament enact the Air (Prevention and Control of Pollution) Act, 1981?
- Article 249
- Article 252
- Article 253
- Article 262
Show answer
Answer: C. Article 253
The Air Act gave effect to the decisions of the Stockholm Conference of 1972, so it rests on Article 253. Article 249 needs a Rajya Sabha resolution and was not used; Article 252 was the route for the Water Act; Article 262 deals with inter-state river disputes.
Q2. Consider the following statements:
1. The Central Pollution Control Board was created under the Environment (Protection) Act, 1986.
2. Under Section 19 of the Environment (Protection) Act, 1986, a citizen may complain to a court after giving 60 days' notice.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: B. 2 only
Statement 2 is correct. Statement 1 is wrong: the CPCB was created by the Water Act, 1974. Options 1 and 3 include statement 1 and fail; option 4 fails because statement 2 is true.
Q3. Under the EIA Notification, 2006, the public hearing for a project is conducted by:
- The project proponent
- The State Pollution Control Board
- The Expert Appraisal Committee
- The National Green Tribunal
Show answer
Answer: B. The State Pollution Control Board
The State Pollution Control Board (or the Pollution Control Committee in a Union territory) holds the hearing. The proponent prepares the report but does not run the hearing; the Expert Appraisal Committee appraises Category A projects afterwards; the NGT hears appeals and does not conduct hearings.
Q4. The goal of keeping two-thirds of the area in the hills under forest or tree cover is found in:
- The Indian Forest Act, 1927
- The Forest (Conservation) Act, 1980
- The National Forest Policy, 1988
- The Forest Rights Act, 2006
Show answer
Answer: C. The National Forest Policy, 1988
The National Forest Policy, 1988 sets one-third overall and two-thirds in the hills. The 1927 Act classifies forests, the 1980 Act controls diversion, and the 2006 Act recognises rights; none sets a cover target.
Q5. Consider the following statements about the Forest Rights Act, 2006:
1. Other traditional forest dwellers must show residence for three generations (75 years) before 13 December 2005.
2. The Gram Sabha takes the final decision on claims.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: A. 1 only
Statement 1 is correct. Statement 2 is wrong: the Gram Sabha starts the process, but the District Level Committee decides. So options 2 and 3 fail, and option 4 fails because statement 1 is true.
Q6. Which one of the following Acts falls within the jurisdiction of the National Green Tribunal?
- The Indian Forest Act, 1927
- The Wild Life (Protection) Act, 1972
- The Biological Diversity Act, 2002
- The Forest Rights Act, 2006
Show answer
Answer: C. The Biological Diversity Act, 2002
The Biological Diversity Act, 2002 is one of the seven Acts in Schedule I. The Indian Forest Act, the Wild Life (Protection) Act and the Forest Rights Act are all outside that list.
Q7. Which one of the following is NOT required to obtain the prior approval of the National Biodiversity Authority before obtaining a biological resource occurring in India?
- A foreign national
- A non-resident Indian
- A foreign-controlled company
- An Indian citizen
Show answer
Answer: D. An Indian citizen
An Indian citizen only gives prior intimation to the State Biodiversity Board for commercial use. Foreign nationals, non-resident Indians and foreign-controlled companies all need the NBA's prior approval, so the first three options are wrong.
Q8. The principle that the burden of proving an activity is environmentally harmless lies on the person who wants to carry it out was declared part of the law of the land in:
- M. C. Mehta v. Union of India (1987)
- Vellore Citizens' Welfare Forum v. Union of India (1996)
- M. C. Mehta v. Kamal Nath (1997)
- Subhash Kumar v. State of Bihar (1991)
Show answer
Answer: B. Vellore Citizens' Welfare Forum v. Union of India (1996)
The shifted burden of proof is part of the precautionary principle, declared law of the land in Vellore (1996). The 1987 Oleum gas case gave absolute liability, Kamal Nath (1997) the public trust doctrine, and Subhash Kumar (1991) the right to pollution-free water and air.
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- Constitution of India: Articles 21, 48A, 51A(g), 252 and 253 — https://legislative.gov.in/constitution-of-india
- The Water Act, 1974; the Air Act, 1981; the Environment (Protection) Act, 1986; the Indian Forest Act, 1927; the Forest (Conservation) Act, 1980 as amended in 2023; the Compensatory Afforestation Fund Act, 2016; the Forest Rights Act, 2006; the Biological Diversity Act, 2002 as amended in 2023; the National Green Tribunal Act, 2010 — https://www.indiacode.nic.in
- Ministry of Environment, Forest and Climate Change: EIA Notification, 2006; CRZ Notifications 1991, 2011 and 2019; National Forest Policy, 1988; India State of Forest Report 2023 — https://moef.gov.in
- Supreme Court of India: M. C. Mehta v. Union of India (1987); Subhash Kumar v. State of Bihar (1991); T. N. Godavarman Thirumulpad v. Union of India (1996); Indian Council for Enviro-Legal Action v. Union of India (1996); Vellore Citizens' Welfare Forum v. Union of India (1996); M. C. Mehta v. Kamal Nath (1997); Orissa Mining Corporation v. Ministry of Environment and Forest (2013) — https://main.sci.gov.in