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Constitution and Environment

The document summarizes key aspects of environmental protection under the Constitution of India. It outlines that the Constitution contains directives under Part IV and fundamental duties under Part IV A related to environmental protection. Article 21 ensures the right to life, which includes the right to a healthy environment. The Seventh Schedule assigns responsibilities across three lists to both central and state governments for subjects concerning the environment like forests and wildlife. Several acts have also been passed to safeguard the environment, including the Environment Protection Act, Forest Conservation Act, Water and Air Pollution Acts, Wildlife Protection Act, and Biological Diversity Act.

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meiling mizuki
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139 views

Constitution and Environment

The document summarizes key aspects of environmental protection under the Constitution of India. It outlines that the Constitution contains directives under Part IV and fundamental duties under Part IV A related to environmental protection. Article 21 ensures the right to life, which includes the right to a healthy environment. The Seventh Schedule assigns responsibilities across three lists to both central and state governments for subjects concerning the environment like forests and wildlife. Several acts have also been passed to safeguard the environment, including the Environment Protection Act, Forest Conservation Act, Water and Air Pollution Acts, Wildlife Protection Act, and Biological Diversity Act.

Uploaded by

meiling mizuki
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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The Constitution Of Indian and Environment

THE CONSTITUTION OF INDIA

There are total 22 Parts.

There are 12 Schedules at present in Constitution of India.

Articles 21,48-A, and 51-A(g) mainly deals with the environmental


protection

Seventh Schedule consists of three lists Union list, State list and
Concurrent list which also contains subjects related to environment

The Indian Constitution and Environment


Part IV Directive Principles of State Policy - Article 48-A

The State's responsibility with regard to environmental protection


has been laid down under Article 48-A which reads as follows
"The State
environment
country".

shall endeavour to protect and improve the


and to safeguard the forests and wildlife of the

Part IV A Fundamental Duties Article 51-A(g)

Environmental protection is a fundamental duty of every citizen of


this country

under Article 51-A(g) which reads as follows

"It shall be the duty of every citizen of India to protect and


improve the
and wildlife and

natural environment including forests, lakes, rivers


to have compassion for living creatures.
3

The Indian Constitution and Environment

Part III - Fundamental rights - Article 21


Article 21 reads as follows
"No person shall be deprived of his life or personal liberty except
according to
procedure

The 42nd amendment to the Constitution


It 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.

Subjects related to Environment


Seventh

Schedule

Union

List
5 Industries for the interest of the people
2
5 Regulation and development of oil fields and mineral oil
3 resources.
5 Regulation of mines and mineral development.
4
5 Regulation and development of inter-State rivers and river
6 valleys.
5 Fishing and fisheries beyond territorial waters.
7

Subjects related to Environment


Seventh Schedule State List
6 Public health and sanitation.
1 Agriculture, protection against pest and prevention of
4 plant

diseases.
1 Transfer and alienation of agricultural land; land
8 improvement

Land, colonization, etc.

Subjects related to Environment


Seventh

Schedule

Concurrent List
17A Forests.
17B Protection of wild animals and birds.
29 Prevention of the extension from one State to another

of infectious or contagious diseases or pests affecting


men, animals or plants.
33(a The products of any industry
)

Environment Acts

THE ENVIRONMENTAL PROTECTION ACT, 1986


It was introduced as an umbrella legislation that provides a holistic
framework for the protection and improvement to the environment.

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.

Environment Acts

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 and 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.

Environment Acts

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.
10

Environment Acts

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.

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