The Indian Constitution & Environment

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The Constitution of India, Environment protection act, 42 article and 48 amendments act


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1 P. G. CENTER IN CIVIL ENGINEERING DEPARTMENT SARVAJANIK COLLEGE OF ENGINEERING & TECHNOLOGY, SURAT MASTER OF ENGINEERING CIVIL (TOWN AND COUNTRY PLANNING) Affiliated with GTU LEGAL ISSUES IN URBAN PLANNING ( 744801 ) ME Civil (T&CP), Semester – IV, 2014 Presented by: 120420748004 - Manoj L. Patel Faculty Advisor: Prof. Himanshu Padhya "THE CONSTITUTION AND ENVIRONMENT" Prof. Himanshu Padhya Head of Department Civil Engg . Department


Content The Constitution of India Preamble Preface The Concept of Environment The Indian Constitution and Environment Indian Efforts To Combat Environmental Pollution Environmental Regulations and Legal Framework In India Environmental (Protection) Act, 1986 Reference 2


THE CONSTITUTION OF INDIA 3 There are total 22 Parts. There are 12 Schedules at present in Constitution of India. In sub part of Schedules numbering, Part A, Part B, List I, List II also comes for systematic separation of Topic. Eleventh schedule covers the powers, authority and responsibilities of Panchayats. Twelfth schedule covers the powers, authority and responsibilities of Municipalities. After this Appendix comes at the end of the Constitution of India. There are clarification with explanation covers in Appendix with proper parts, articles and schedules numbering. Index to find content easily also given after the Appendix with specific location clarity.


PREAMBLE 4 WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a –SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;


PREFACE 5 Constitution is a living document, an instrument which makes the government system work. Its flexibility lies in its amendments. The Constitution applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in article 370 and the Constitution (Application to Jammu and Kashmir) Order, 1954. The text of (Forty-fourth Amendment) Act, 1978, (Eighty-sixth Amendment) Act, 2002 and (Eighty-eighth Amendment) Act, 2003, which have not yet come into force, have been provided in the text at the appropriate places wherever or otherwise in the footnote.

The Concept of Environment:

The Concept of Environment 6 “Environment” owes its genesis to a French word ‘environ’, which means ‘encircle’. It encompasses within its ambit land, water, flora, fauna, living creatures, forest and everything above the earth. ‘Environment’ all components surrounding man, Consist of two important major parts. Physical & Natural Physical environment constitutes lithosphere, land, hydrosphere and atmosphere means water and air respectively. The natural environment constitutes living organisms including human beings, flora and fauna, etc. It may be noted that all this is perceived in the definition of environment provided by the Environment (Protection) Act, 1986, which states: Environment includes water, air and land, and the inter-relationships which exist among and between water, air and land, and human beings, other living creatures, plants, micro-organisms and property.

The Indian Constitution and Environment:

The Indian Constitution and Environment 7 The culmination of various international efforts initiated 38 years ago at Stockholm(Sweden) where the first historic international conference on Human Environment was held in 1972. There is a major environmental crisis of a global proportion affecting the physical, natural and human environment due to pollution of all kinds. It is of serious concern to the international community that the greenhouse gases emissions continued to be on the rise. The UN mandated intergovernmental panel on climate change says that by 2100 the global temperature increases will range between 1.4 degree Celsius and 5.8 degree Celsius. Mean sea levels may rise by 80 cm, inundating low-laying areas and smaller islands. It has been predicted that there will be more frequent and severe heat waves, more intense tropical cyclones, changes in rainfall patterns and melting of ice.

The Indian Constitution and Environment:

The Indian Constitution and Environment 8 Environmental degradation is generally caused not only by the pollution of the atmosphere and of the maritime, and the coastal inland waters through the disruption of rural lands but also by the destruction of ecological balance of natural areas and the adverse effect of the use of biocides upon animal and plant life. Another important reason for environment degradation is the uncontrolled exploitation and the consequent depletion of world’s natural resources. The Indian Apex Court, The entire world is facing a serious problem of environmental degradation due to indiscriminate development. Industrialization, burning of fossil fuels and massive deforestation are leading to degradation of environment.

The Indian Constitution and Environment:

The Indian Constitution and Environment 9 Today the atmosphere level of carbon dioxide, the principal source of global warming is 26 percent higher than pre-industrial concentration. Enormous amount of gases and chemicals emitted by the industrial plants and automobiles have led to depletion of ozone layers which serve as a shield to protect life on the earth from the ultraviolet rays of the sun. The problems of “acid rain” which is caused mainly by the emission of sulphur dioxide and Nitrogen oxides from power stations and industrial installations is a graphic example of it. The ill effect of “acid rain” can be found on vegetables, soil, marine resources, and monuments as well as on humans. Air pollutants and acids generated by the industrial activities are now entering forest at an unprecedented scale.

International Community:

International Community 10 It is imperative that the international community should be shaken from its slumber to be prepared to combat this environmental crisis by taking appropriate measures, which should be not only for controlling pollution but also for protecting and promoting environment. The 5 th June of every year as an International Environmental Day, given at the UN summit on Environment and development at Stockholm, in 1972.

Indian Efforts to Combat Environmental Pollution:

Indian Efforts to Combat Environmental Pollution 11 India has joined the members of the international community in their crusade against environmental problems, first, by amending its own fundamental law, and then, by following it up with the enactment of several laws to protect national environment. The new constitutional provisions have given the necessary impetus to the environmental legislation in the country.


ENVIRONMENTAL REGULATIONS AND LEGAL FRAMEWORK IN INDIA 12 The State's responsibility with regard to environmental protection has been laid down under Article 48-A "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country". Environmental protection is a fundamental duty of every citizen of this country under Article 51-A(g) "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.“ "No person shall be deprived of his life or personal liberty except according to procedure Article 48-A of the Constitution comes under Directive Principles of State Policy and Article 51 A(g) of the Constitution comes under Fundamental Duties. established by law."


ENVIRONMENTAL REGULATIONS AND LEGAL FRAMEWORK IN INDIA 13 The 42nd amendment to the Constitution was brought about in the year 1974 makes it the responsibility of the State Government to protect and improve the environment and to safeguard the forests and wildlife of the country.

Environment ACT :

Environment ACT 14 THE ELECTRICITY ACT, 2003 This Act seeks to create a framework for the power sector development by measures conducive to the industry. Section 68(1) - sanction from the Ministry of Power (MOP) is a mandatory requirement for taking up any new project. The sanction authorizes SJVN to plan and coordinate activities to commission new projects. THE FOREST (CONSERVATION) ACT, 1980 This Act provides for the conservation of forests and regulating diversion of forestlands for non-forestry purposes. State governments cannot de-reserve any forestland or authorise its use for any non-forest purposes without approval from the Central government.


ENVIRONMENTAL (PROTECTION) ACT, 1986 15 The Environment (Protection) Act, 1986 was introduced as an umbrella legislation that provides a holistic framework for the protection and improvement to the environment. SJVNL undertakes Environmental Impact Assessment for all projects as a standard management procedure as laid down in The Environment (Protection) Act, 1986 and also functions within permissible standards of ambient air quality and noise levels as prescribed by national laws and international regulations.

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16 Other rules and regulations under the Environmental (Protection) Act, 1986 applicable to the operation of SJVNL are described below: AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981 The objective of this Act is to provide for the prevention, control and abatement of air pollution. includes the preservation of the quality of air and control of air pollution. WATER (PREVENTION & CONTROL ) ACT 1974 The objectives of the Water Act are to provide for the Prevention and Control of Water Pollution and the maintenance or restoration. ENVIRONMENTAL (PROTECTION) ACT, 1986

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17 WILDLIFE PROTECTION ACT, 1972 According to the Wildlife Protection Act, 1972 "wildlife" includes any animal, bees, butterflies, crustacean, fish and moths; and aquatic or land vegetation which forms part of any habitat. In accordance with Wildlife (Protection) Amendment Act, 2002 “no alternation of boundaries / National Park / Sanctuary shall be made by the State Govt. except on recommendation of the National Board for Wildlife ( NBWL )”. THE BIOLOGICAL DIVERSITY ACT, 2002 This Act is to “provide for the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the sued of biological resources, knowledge and for matters connected therewith or incidental there to.” As per the provision of act certain areas, which are rich in biodiversity and encompasses unique and representative ecosystems are identified and designated as biosphere reserve to facilitate its conservation. ENVIRONMENTAL (PROTECTION) ACT, 1986

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18 HAZARDOUS WASTES (MANAGEMENT AND HANDLING) AMENDMENT RULES, 2003 These Rules classify used mineral oil as hazardous waste under the Hazardous Waste (Management & Handling) Rules, 2003 that requires proper handling and disposal. Organisation will seek authorisation for disposal of hazardous waste from concerned State Pollution Control Boards ( SPCB ) as and when required. OZONE DEPLETING SUBSTANCES (REGULATION AND CONTROL) RULES, 2000 Notified rules for regulation/ control of Ozone Depleting Substances ( ODS) under Montreal Protocol. As per the notification certain control and regulation has been imposed on manufacturing, import, export, and use of these compounds. ENVIRONMENTAL (PROTECTION) ACT, 1986


OTHER ENVIRONMENT – RELATED LAWS 19 The Shore Nuisance (Bombay and Kolaba ) Act, 1853 This is the earliest Act on the statue book concerning control of water pollution in India. The Serais Act, 1867 The Act enjoined upon a keeper of Serai or an inn to keep a certain quality of water fit for consumption by “persons and animals using it” to the satisfaction of the District magistrate or his nominees. Failure for maintaining the standard entailed a liability of rupees twenty. The North India Canal and Drainage Act, 1873 Certain offences have been listed under the Act contained in Section 70. Obstruction in Fairways Act, 1881 Section 8 of the Act empowered the Central Government to make Rules to regulate or prohibit the throwing of rubbish in any fairway leading to a port causing or likely to give rise to a bank or shoal. Indian Easements Act, 1882 Illustrations (f), (h) and (j) of Section 7 of the Act deal with pollution of waters. The Indian Fisheries Act, 1897 The Indian Fisheries Act, 1897 contains seven sections. Section 5 of the Act prohibits destruction of fish by poisoning waters. Indian Ports Act, 1908 Water pollution by oil has been regulated by the Indian Ports Act, 1908.


OTHER ENVIRONMENT – RELATED LAWS 20 The Indian Forest Act, 1927 Section 26( i ) of the Act makes it punishable if any person, who, in contravention of the rules made by the State Government, poisons water of a forest area. The State Government has been empowered under Section 32(f) to make rules relating to poisoning of water in forests. The Damodar Valley Corporation Act, 1948 The Act Government the Corporation to make regulations with the previous sanction of the Central Government for preventing “pollution of water”. The Factories Act, 1948 Factories Act, 1948 is a social welfare legislation intend to secure health, safety and welfare of the workers employed in factories. Hiowever,some of the provisions of this Act are concerned with prevention of water pollution. The Mines Act, 1952 Chapter V of the Act deals with provisions regarding health and Safety of the employees. Section 19( i ) Government upon arrangement for the quality of water for drinking purposes. The River Boards Act, 1956 The Act provides for the creation of River Boards for regulation and development of interstate rivers and river valleys. One of the functions of the Board is to advise to the Government concerned on “prevention of pollution of the waters of the interstate rivers”.


OTHER ENVIRONMENT – RELATED LAWS 21 The Merchant Shipping Act, 1958 The International Convention for the Prevention of Pollution of the Sea by Oil, 1954 is the first treaty for the reduction of oil pollution of the sea. In order to give effect to this Convention, The Merchant Shipping Act regulates and controls the discharge of oil or oil mixture by an Indian tanker or ship within any of the prohibited zones or by a foreign tanker or other ship within the prohibited zone adjoining the territories of India. Further, there is a prohibition for discharging any oil anywhere at sea from an Indian ship.


LEGAL AND REGULATORY FRAMEWORK FOR HYDRO PROJECTS 22 The principal Environmental Regulatory Agency in India is the Ministry of Environment and Forests ( MOEF ). MOEF formulates environmental policies and accords environmental clearance for the projects. The State Pollution Control Board ( SPCB ) accords ‘No Objection Certificate’ ( NOC ) and ‘Consent for Establishment and Operation’ for the projects. The project features entail a Environmental Impact Assessment Study to be conducted which is a pre-requisite for obtaining environmental clearance from Ministry of Environment & Forests. Environmental Impact Assessment ( EIA ) is an important management tool for ensuring optimal use of natural resources for sustainable development, and was introduced in India initially for River Valley Projects in 1978-79. The scope of the EIA has been enhanced to cover other developmental sectors such as industries, mining schemes, energy, etc.

SJVN’S INITIATIVE (Satluj Jal Vidyut Nigam):

SJVN’S INITIATIVE ( Satluj Jal Vidyut Nigam) 23 SJVNL sees its responsibilities under the present legal framework as two fold as under: mandatory requirements under the law and the guidelines of funding agencies; and SJVNL undertakes all its activities within mandatory requirements under the National law and the guidelines of funding agencies, and prescriptive requirements that determine the management procedures for addressing environmental and social issues.


Reference 24 Aruna Venkat , Environmental Law and Policy, PHI Learning Private Limited, New Delhi. The Constitution of India . Environmental Regulations and Legal Framework in India, Constitution of India.



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