Environmental Governance in India
India's environmental laws and institutions — the constitutional basis, key Acts, the National Green Tribunal, the pollution control boards, and the EIA process.
Key Takeaways
- The Environment (Protection) Act, 1986 is the umbrella environmental law, enacted after the Bhopal disaster.
- The National Green Tribunal (2010) is a statutory body for speedy environmental justice.
- Environmental Impact Assessment (EIA) evaluates a project's likely environmental effects before clearance.
Core concept
Environmental governance is the framework of laws, institutions and principles through which a country manages its environment. In India it rests on constitutional provisions, a set of statutes, specialised institutions, and judge-made principles.
Static foundation — constitutional basis
- Article 48A (Directive Principle): the State shall protect and improve the environment.
- Article 51A(g) (Fundamental Duty): every citizen shall protect the natural environment.
- Article 21: the courts have read the right to a healthy environment into the right to life.
Key Environmental Laws & Institutions
| Law / Body | Year | Purpose |
|---|---|---|
| Water (Prevention & Control of Pollution) Act | 1974 | Set up the CPCB & SPCBs; control water pollution |
| Air (Prevention & Control of Pollution) Act | 1981 | Control air pollution |
| Environment (Protection) Act | 1986 | Umbrella law (after Bhopal); wide powers to the Centre |
| National Green Tribunal | 2010 | Statutory tribunal for speedy environmental justice |
| Biological Diversity Act | 2002 | Conserve biodiversity; the National Biodiversity Authority |
The Environmental Impact Assessment (EIA) Process
Screening
Decide whether the project needs a full EIA and its category (A = central appraisal, B = state).
Scoping
Identify the key impacts to study and prepare the Terms of Reference (ToR).
Public consultation
A public hearing lets affected people and stakeholders raise concerns — a vital democratic check.
Appraisal
An Expert Appraisal Committee reviews the EIA report and the consultation record.
Prior Environmental Clearance
The regulator grants or rejects clearance with conditions; the project must then be monitored.
EIA is governed by notifications under the Environment (Protection) Act, 1986 (the 2006 notification and its amendments).
Principles of environmental law
Indian courts have entrenched: the Polluter Pays Principle (the polluter bears the cost of damage), the Precautionary Principle (act to prevent harm even without full scientific certainty), the Public Trust Doctrine (the State holds natural resources in trust for the public), and Sustainable Development.
Current affairs linkage
Debates on EIA reform (dilution vs strengthening, post-facto clearances), the NGT's role, and forest and coastal-regulation-zone rules recur. (Add a recent NGT order or an EIA-notification controversy.)
Prelims trap zones
- The EPA (1986) is an umbrella law enacted AFTER the 1984 Bhopal gas tragedy.
- The NGT is a STATUTORY body (NGT Act, 2010), not a constitutional one.
- The Water Act (1974) — not the EPA — created the pollution control boards (CPCB/SPCBs).
Prelims Pointers
- Article 48A (DPSP) and Article 51A(g) (Fundamental Duty) deal with protecting the environment.
- Key Acts: Water Act (1974), Air Act (1981), EPA (1986), Forest Conservation Act (1980), Biological Diversity Act (2002).
- The CPCB and State Pollution Control Boards enforce pollution laws.
- The NGT applies the 'Polluter Pays' and 'Precautionary' principles.
Mains Angle
- 'India's environmental jurisprudence has been driven more by courts than by legislation.' Discuss.
- Critically examine the Environmental Impact Assessment (EIA) process in India.
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