Environment Laws in India
Background: Why Did Environmental Laws Come Late in India?
When the Indian Constitution was originally adopted in 1950, environmental protection was not a priority.
The focus then was on:
- Nation-building
- Economic development
- Social justice
Environment was seen as a secondary concern.
👉 The turning point came in 1972, with the United Nations Conference on the Human Environment, commonly called the Stockholm Conference.
This was the first global conference that declared:
Human beings have a fundamental right to live in an environment of quality.
India actively participated, and this international push forced a constitutional rethink.
Constitutional Response: Environment Enters the Constitution
(a) Article 51A(g) – Fundamental Duty of Citizens
Through the 42nd Constitutional Amendment (1976), Article 51A(g) was inserted.
It states that:
Every citizen has a duty to protect and improve the natural environment — including forests, lakes, rivers, wildlife — and to have compassion for living creatures.
📌 Key Understanding:
- Environment is not only the State’s responsibility
- It is also the citizen’s moral and constitutional duty
This article forms the ethical foundation of environmental protection in India.
(b) Article 48A – Directive Principle of State Policy (DPSP)
Along with duties of citizens, the State was also assigned responsibility.
Article 48A says:
The State shall endeavour to protect and improve the environment and safeguard forests and wildlife.
📌 Important Insight:
- DPSPs are non-justiciable (cannot be enforced in court)
- But they guide law-making and governance
- Almost all environmental laws draw legitimacy from Article 48A
Article 21: Right to Life → Right to Healthy Environment
Now comes the most powerful constitutional provision.
Article 21 guarantees:
Right to Life and Personal Liberty
Over time, the judiciary expanded its meaning and interpreted it to include:
- Right to clean air
- Right to safe drinking water
- Right to pollution-free environment
📌 This judicial interpretation transformed environmental protection into a Fundamental Right.
👉 This is why Public Interest Litigations (PILs) became a major tool in environmental governance.
Institutional Framework: Creation of Environmental Administration
To translate constitutional intent into action:
- 1980: Department of Environment established
- 1985: Became Ministry of Environment and Forests (MoEF)
- 2014: Renamed as Ministry of Environment, Forest and Climate Change (MoEFCC)
📌 The inclusion of Climate Change reflects India’s recognition of:
- Global warming
- International climate commitments
- Sustainable development goals
Evolution of Environmental Legislation in India
(a) Wild Life Protection Act, 1972
- India’s first major environmental legislation
- Focused on:
- Wildlife conservation
- Protected areas (National Parks, Sanctuaries)
But this law was sector-specific, not comprehensive.
(b) Environment Protection Act, 1986 (EPA)
The real turning point came after the Bhopal Gas Tragedy, one of the worst industrial disasters in the world.
In response:
- The Environment Protection Act was enacted
📌 Why is EPA called an “Umbrella Legislation”?
Because it:
- Covers air, water, soil, hazardous substances
- Gives wide powers to the central government
- Fills gaps (lacunae) in earlier fragmented laws
Almost all modern environmental rules (EIA Notification, Hazardous Waste Rules, etc.) are issued under EPA.
Summary
- Stockholm Conference 1972 → Triggered constitutional change
- Article 51A(g) → Citizen’s duty
- Article 48A → State’s responsibility
- Article 21 → Right to healthy environment
- MoEFCC → Administrative backbone
- EPA 1986 → Comprehensive legal framework
👉 Together, they form the constitutional, institutional, and legal architecture of environmental protection in India.