Environment & Ecology
Environmental Laws and Institutions
GS Paper III
Environmental Laws and Institutions — Quick Revision
One-page UPSC revision of India's environmental law: constitutional articles, major Acts and years, NGT jurisdiction, institutions and judicial doctrines with cases.
SyllabusGS III · Conservation, environmental pollution and degradation (GS III); statutory, regulatory and quasi-judicial bodies (GS II)
A last-week revision sheet for environmental law. Years, creating Acts and case names are the Prelims targets.
Constitution
| Provision | Content |
|---|---|
| Article 21 | Right to a pollution-free environment (Subhash Kumar, 1991) |
| Article 48A | DPSP — protect and improve environment, safeguard forests and wildlife (42nd Amendment) |
| Article 51A(g) | Fundamental Duty — protect natural environment, compassion for living creatures (42nd Amendment) |
| Article 253 | Laws to implement international agreements |
| Concurrent List | Forests; protection of wild animals and birds (moved by 42nd Amendment) |
Acts in Order
| Year | Act | Remember |
|---|---|---|
| 1972 | Wildlife (Protection) Act | Not in NGT’s Schedule I |
| 1974 | Water Act | Created CPCB and SPCBs |
| 1977 | Water Cess Act | In NGT’s Schedule I |
| 1980 | Forest (Conservation) Act | Renamed Van (Sanrakshan Evam Samvardhan) Adhiniyam in 2023 |
| 1981 | Air Act | Air pollution control areas |
| 1986 | Environment (Protection) Act | Umbrella; Article 253; Stockholm 1972; Section 19 citizen suit |
| 1991 | Public Liability Insurance Act | No-fault relief for hazardous-substance accidents |
| 2002 | Biological Diversity Act | NBA, SBBs, BMCs |
| 2006 | Forest Rights Act | Gram Sabha initiates; not in NGT’s Schedule I |
| 2010 | National Green Tribunal Act | Seven Acts in Schedule I |
| 2016 | Compensatory Afforestation Fund Act | CAMPA funds |
| 2021 | CAQM Act | Delhi-NCR air quality |
NGT
| Item | Key fact |
|---|---|
| Established | 18 October 2010 |
| Benches | Principal: New Delhi; zonal: Bhopal, Pune, Kolkata, Chennai |
| Chairperson | Present or former SC judge or HC Chief Justice |
| Principles (Sec 20) | Sustainable development, precaution, polluter pays |
| Procedure (Sec 19) | Not bound by CPC; natural justice |
| Appeal (Sec 22) | Supreme Court, within 90 days |
Institutions
| Body | Basis / HQ |
|---|---|
| CPCB | Water Act, 1974 |
| GEAC | Rules of 1989 under the EP Act |
| Forest Survey of India | Dehradun; biennial ISFR |
| BSI / ZSI | Kolkata; 1890 / 1916 |
| Wildlife Institute of India | Dehradun |
| Animal Welfare Board of India | Prevention of Cruelty to Animals Act, 1960 |
Doctrines
| Doctrine | Case |
|---|---|
| Absolute liability | M.C. Mehta v. Union of India (1987, oleum gas) |
| Polluter pays | Indian Council for Enviro-Legal Action (1996) |
| Precautionary principle; sustainable development | Vellore Citizens’ Welfare Forum (1996) |
| Public trust | M.C. Mehta v. Kamal Nath (1997) |
| Dictionary meaning of forest | T.N. Godavarman Thirumulpad (1996 onwards) |
| Gram Sabha decides (FRA) | Orissa Mining Corporation — Niyamgiri (2013) |
High-yield facts
- Bhopal gas leak (2–3 December 1984) led to the EP Act, 1986.
- CPCB is from the Water Act, not the EP Act.
- NGT excludes WPA 1972 and FRA 2006.
- Absolute liability allows no exceptions; strict liability does.
- M.K. Ranjitsinh (March 2024): right against adverse effects of climate change (Articles 14 and 21).
Traps
- Article 48A is a DPSP; Article 51A(g) is a Fundamental Duty — both from 1976, not the original Constitution.
- Appeals from the NGT go to the Supreme Court, not the High Court.
- Under the FRA, the Gram Sabha, not the Forest Department, starts the rights process.
Related Topics
- Environmental Laws of India: Constitution, Statutes, NGT and Doctrines
- Environmental Laws and Institutions — practice questions
- Protected Areas and Wildlife — quick revision
- All quick revision sheets
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