Environmental Law and Allied Subjects
Environmental Law and Allied Subjects tests constitutional environmental rights, the pollution control statutes, the National Green Tribunal and the principles evolved by the Supreme Court.
Constitutional foundations
- Article 48A (state duty) and Article 51A(g) (fundamental duty); Article 21 includes the right to a clean and healthy environment: Subhash Kumar v. State of Bihar (1991).
- The precautionary principle, polluter pays principle and sustainable development are read into environmental law.
Statutes
- Water (Prevention and Control of Pollution) Act 1974; Air (Prevention and Control of Pollution) Act 1981; Environment (Protection) Act 1986.
- Wildlife (Protection) Act 1972; Forest (Conservation) Act 1980; Biological Diversity Act 2002.
- EP Act s.3 empowers the Centre to issue directions; s.15 provides penalties.
Principles and liability
- Strict liability: Rylands v. Fletcher; absolute liability: M.C. Mehta v. Union of India (1987); public trust doctrine.
- Intergenerational equity and the right of future generations.
NGT
- National Green Tribunal Act 2010; original and appellate jurisdiction; powers of a civil court.
- Appeal to the Supreme Court within 90 days.
Worked example
A factory discharges untreated effluent into a river, killing fish and polluting drinking water. The NGT can order closure, restitution and compensation. The polluter pays principle requires the factory to bear the cost of remediation; absolute liability means it cannot plead that it took reasonable care.
Traps
The NGT is not a writ court; its appeal goes to the Supreme Court, not the High Court; the precautionary principle applies even without conclusive proof; environmental clearance is not a licence to pollute.