βοΈ Chapter 08 Β· Topic 06 Β· Environmental Laws
Constitutional Provisions & Complete Revision
Article 48A (DPSP), Article 51A(g) (Fundamental Duty), Article 21 (right to clean environment), 42nd Amendment, landmark cases β plus complete Chapter 08 revision checklist.
π Constitutional Provisions for Environment
| Article | Provision | Part |
|---|---|---|
| Article 21 | Right to life and personal liberty β interpreted by courts to include right to a clean and healthy environment | Part III (Fundamental Rights) |
| Article 48A | “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.” | Part IV (DPSP) β added by 42nd Amendment, 1976 |
| Article 51A(g) | “It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” | Part IVA (Fundamental Duties) β added by 42nd Amendment, 1976 |
| Article 253 | Parliament can legislate on any subject (including state subjects) to implement international treaties β basis for EPA 1986 | Part XI (Relations between Union and States) |
| Article 252 | Parliament can legislate on state subjects if two or more states pass resolutions β basis for Water Act 1974 | Part XI |
| Entry 17, List II | Water (State List) β water supply, irrigation, drainage, water storage | Seventh Schedule |
| Entry 17A, List III | Forests (Concurrent List) β added by 42nd Amendment | Seventh Schedule |
| Entry 17B, List III | Protection of wild animals and birds (Concurrent List) β added by 42nd Amendment | Seventh Schedule |
β 42nd Constitutional Amendment (1976): The most important amendment for environment. Added: (1) Article 48A (DPSP β state duty to protect environment); (2) Article 51A(g) (Fundamental Duty of citizens); (3) Moved forests from State List to Concurrent List (Entry 17A); (4) Added protection of wild animals and birds to Concurrent List (Entry 17B). This amendment gave the Central Government power to legislate on forests and wildlife β enabling FCA 1980 and WPA 1972 amendments.
βοΈ Landmark Environmental Cases
- M.C. Mehta vs Union of India (Oleum Gas Leak, 1987) β Supreme Court established the principle of Absolute Liability: enterprises engaged in hazardous activities are absolutely liable for harm caused, with no exceptions. Stricter than the English “Rylands v Fletcher” rule of strict liability.
- Vellore Citizens Welfare Forum vs Union of India (1996) β SC held that the precautionary principle and polluter pays principle are part of Indian law; directed tanneries in Tamil Nadu to pay compensation for pollution.
- Indian Council for Enviro-Legal Action vs Union of India (1996) β SC applied polluter pays principle; directed chemical industries in Rajasthan to pay for remediation of soil and water pollution.
- T.N. Godavarman Thirumulpad vs Union of India (1995βongoing) β landmark forest case; SC gave a broad definition of “forest” (not just recorded forests); directed states to stop illegal felling; ongoing supervision of forest governance.
- Subhash Kumar vs State of Bihar (1991) β SC held that the right to live in a pollution-free environment is part of the right to life under Article 21.
- Rural Litigation and Entitlement Kendra vs State of UP (1985) β SC ordered closure of limestone quarries in Doon Valley to protect environment β first major environmental PIL in India.
π Absolute Liability (M.C. Mehta, 1987): The Supreme Court in the Oleum Gas Leak case (Shriram Food and Fertilisers) established that enterprises engaged in hazardous activities are absolutely liable for harm β no exceptions (unlike strict liability which has exceptions like Act of God, consent of plaintiff, etc.). This is a uniquely Indian legal principle, stricter than English law. It applies to all enterprises engaged in inherently dangerous activities.
β Complete Revision Checklist β Chapter 08
β
EPA 1986 = umbrella legislation = enacted after Bhopal Gas Tragedy = Article 253
β EPA Section 5 = Central Govt can issue closure orders
β CRZ Notification = 500 m from HTL = CRZ I (most restricted) to IV
β WPA 1972 = primary wildlife legislation = 9 September 1972
β WPA Schedule I (old) = highest protection = tiger, elephant, rhino
β WPA 2022 amendment = 6 schedules reduced to 4
β National Park = strictest = boundaries fixed by legislation
β Wildlife Sanctuary = some activities permitted = boundaries alterable
β WCCB = Wildlife Crime Control Bureau = 2007 = combats wildlife trafficking
β FCA 1980 = prior Central Govt approval for forest diversion
β Compensatory afforestation + NPV payment = conditions for forest diversion
β CAMPA = Compensatory Afforestation Fund = CAMPA Act 2016
β Forest Rights Act 2006 = rights of forest-dwelling communities = gram sabha consent
β Van Sanrakshan Act 2023 = renamed FCA; exempted border areas
β Water Act 1974 = Article 252 = CPCB + SPCBs established
β Air Act 1981 = Stockholm Conference = extended CPCB/SPCB powers
β CPCB = New Delhi = prescribes NAAQS; publishes AQI
β Consent to Establish + Consent to Operate = primary pollution control tools
β NGT = National Green Tribunal = NGT Act 2010 = 18 October 2010
β NGT = 3rd country with specialised env tribunal = Principal Bench New Delhi
β NGT must dispose cases within 6 months
β NGT covers EPA, Water Act, Air Act, FCA, Biological Diversity Act
β NGT does NOT cover WPA, Indian Forest Act, FRA
β Article 48A = DPSP = state duty to protect environment = 42nd Amendment 1976
β Article 51A(g) = Fundamental Duty = citizens protect environment = 42nd Amendment
β Article 21 = right to clean environment = interpreted by Supreme Court
β 42nd Amendment (1976) = forests + wildlife to Concurrent List
β Absolute Liability = M.C. Mehta 1987 = no exceptions for hazardous enterprises
β Precautionary principle + Polluter pays = part of Indian law (Vellore case, 1996)
β Godavarman case = broad definition of forest = ongoing SC supervision
β EPA Section 5 = Central Govt can issue closure orders
β CRZ Notification = 500 m from HTL = CRZ I (most restricted) to IV
β WPA 1972 = primary wildlife legislation = 9 September 1972
β WPA Schedule I (old) = highest protection = tiger, elephant, rhino
β WPA 2022 amendment = 6 schedules reduced to 4
β National Park = strictest = boundaries fixed by legislation
β Wildlife Sanctuary = some activities permitted = boundaries alterable
β WCCB = Wildlife Crime Control Bureau = 2007 = combats wildlife trafficking
β FCA 1980 = prior Central Govt approval for forest diversion
β Compensatory afforestation + NPV payment = conditions for forest diversion
β CAMPA = Compensatory Afforestation Fund = CAMPA Act 2016
β Forest Rights Act 2006 = rights of forest-dwelling communities = gram sabha consent
β Van Sanrakshan Act 2023 = renamed FCA; exempted border areas
β Water Act 1974 = Article 252 = CPCB + SPCBs established
β Air Act 1981 = Stockholm Conference = extended CPCB/SPCB powers
β CPCB = New Delhi = prescribes NAAQS; publishes AQI
β Consent to Establish + Consent to Operate = primary pollution control tools
β NGT = National Green Tribunal = NGT Act 2010 = 18 October 2010
β NGT = 3rd country with specialised env tribunal = Principal Bench New Delhi
β NGT must dispose cases within 6 months
β NGT covers EPA, Water Act, Air Act, FCA, Biological Diversity Act
β NGT does NOT cover WPA, Indian Forest Act, FRA
β Article 48A = DPSP = state duty to protect environment = 42nd Amendment 1976
β Article 51A(g) = Fundamental Duty = citizens protect environment = 42nd Amendment
β Article 21 = right to clean environment = interpreted by Supreme Court
β 42nd Amendment (1976) = forests + wildlife to Concurrent List
β Absolute Liability = M.C. Mehta 1987 = no exceptions for hazardous enterprises
β Precautionary principle + Polluter pays = part of Indian law (Vellore case, 1996)
β Godavarman case = broad definition of forest = ongoing SC supervision