Environmental Law Notes and Study Materials

18 Jul 2025 --
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📘 Environmental Law – Notes & Study Materials

📚 1. Introduction to Environmental Law

Definition: Environmental law comprises rules and regulations aimed at protecting the environment from human harm.

Objective: To balance development and environmental protection (sustainable development).

Sources:

Constitution of India

Statutory laws

International conventions

Judicial decisions

📜 2. Constitutional Provisions

Article	Provision
Article 21	Right to life includes the right to a clean and healthy environment (as interpreted by courts).
Article 48A	State shall protect and improve the environment and safeguard forests and wildlife.
Article 51A(g)	Duty of citizens to protect and improve the natural environment.

⚖️ 3. Key Environmental Laws in India

✅ The Environment (Protection) Act, 1986

Umbrella legislation enacted after the Bhopal Gas Tragedy.

Gives powers to the central government to regulate all forms of pollution.

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

Controls and reduces air pollution.

Establishes Central and State Pollution Control Boards.

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

Regulates pollution in water bodies.

Prohibits the discharge of pollutants beyond specified limits.

✅ The Wildlife (Protection) Act, 1972

Provides for protection of wild animals, birds, and plants.

Creation of protected areas like national parks and sanctuaries.

✅ The Forest Conservation Act, 1980

Restricts the use of forest land for non-forest purposes without prior approval from the central government.

🌐 4. Important International Environmental Conventions

Convention	Purpose
Stockholm Declaration, 1972	First major international conference on environmental issues.
Rio Summit / Earth Summit, 1992	Led to Agenda 21, CBD, UNFCCC. Promoted sustainable development.
Kyoto Protocol, 1997	Binding targets for reducing greenhouse gas emissions.
Paris Agreement, 2015	Limit global warming to well below 2°C.

⚖️ 5. Landmark Environmental Judgments in India

Case	Principle Established
M.C. Mehta v. Union of India	Various cases related to Ganga pollution, Oleum gas leak, Taj Mahal protection.
Vellore Citizens' Welfare Forum v. Union of India	Introduced Precautionary Principle and Polluter Pays Principle.
Subhash Kumar v. State of Bihar	Right to clean water is part of Article 21.
T.N. Godavarman v. Union of India	Continuous mandamus in forest conservation.

📌 6. Important Legal Principles in Environmental Law

Polluter Pays Principle: Polluters should bear the cost of damage they cause.

Precautionary Principle: Preventive action should be taken when there is a risk of serious environmental harm, even without complete scientific certainty.

Body	Function
Ministry of Environment, Forest and Climate Change (MoEFCC)	Policy-making and coordination.
Central Pollution Control Board (CPCB)	Advises the central government and enforces environmental standards.
National Green Tribunal (NGT)	Established in 2010 for expeditious disposal of environmental cases.