Skip to main content

Environmental laws in India

 Environmental laws in India’

The need for protection and conservation of environment and sustainable use of natural

resources is reflected in the constitutional framework of India and also in the international

commitments of India. The Constitution under Part IVA (Art 51A-Fundamental Duties) casts

a duty on every citizen of India to protect and improve the natural environment including

forests, lakes, rivers and wildlife, and to have compassion for living creatures. Further, the

Constitution of India under Part IV (Art 48A-Directive Principles of State Policies) stipulates

that the State shall endeavour to protect and improve the environment and to safeguard

the forests and wildlife of the country.

Several environment protection legislations existed even before Independence of India.

However, the true thrust for putting in force a well-developed framework came only after

the UN Conference on the Human Environment (Stockholm, 1972). After the Stockholm

Conference, the National Council for Environmental Policy and Planning was set up in 1972

within the Department of Science and Technology to establish a regulatory body to look

after the environment-related issues. This Council later evolved into a full-fledged Ministry

of Environment and Forests (MoEF).

MoEF was established in 1985, which today is the apex administrative body in the country

for regulating and ensuring environmental protection and lays down the legal and

regulatory framework for the same. Since the 1970s, a number of environment legislations

have been put in place. The MoEF and the pollution control boards ("CPCB", ie, Central

Pollution Control Board and "SPCBs", ie, State Pollution Control Boards) together form the

regulatory and administrative core of the sector.

Some of the important legislations for environment protection are as follows:

 The National Green Tribunal Act, 2010

 The Air (Prevention and Control of Pollution) Act, 1981

 The Water (Prevention and Control of Pollution) Act, 1974

 The Environment Protection Act, 1986

 The Hazardous Waste Management Regulations, etc.


The Environment Protection Act, 1986 (the "Environment Act") provides for the protection

and improvement of environment. The Environment Protection Act establishes the

framework for studying, planning and implementing long-term requirements of

environmental safety and laying down a system of speedy and adequate response to

situations threatening the environment. It is an umbrella legislation designed to provide a

framework for the coordination of central and state authorities established under the

Water Act, 1974 and the Air Act. The term "environment" is understood in a very wide term


under s 2(a) of the Environment Act. It includes water, air and land as well as the

interrelationship which exists between water, air and land, and human beings, other living

creatures, plants, micro-organisms and property.

 Under the Environment Act, the Central Government is empowered to take

measures necessary to protect and improve the quality of environment by setting

standards for emissions and discharges of pollution in the atmosphere by any

person carrying on an industry or activity; regulating the location of industries;

management of hazardous wastes, and protection of public health and welfare.

From time to time, the Central Government issues notifications under the

Environment Act for the protection of ecologically-sensitive areas or issues

guidelines for matters under the Environment Act.

Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more