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| Legal Framework :
Environment Related Laws |
The Constitutional provisions provide the
bed-rock for framing of environmental legislation in the
country. According to the VII Schedule of the Indian
Constitution, the areas of responsibility between trie Central
and State Governments have been defined through the subject
grouped in Central, concurrent and State lists. Environment does
not figure in any of these lists, as yet and there is no
explicit provision for environmental protection in the
Constitution although the directive principles, in the
amendments of the Constitution, through Articles 48(A) and
51A(g) assign specific responsibilities on the State and the
citizens.
Most of the environment related laws enacted by the Parliament
have been based on the Articles 252 and 253 of the Constitution.
For instance, the Water (Prevention and Control of Pollution)
Act, 1974 was promulgated as a Central Legislation under Article
252 of the Constitution. Since water belongs to the State list,
a Resolution from two or more State Legislatures empowering the
Parliament to enact the legislation on the subject was required.
Also, the Act became effective at the State level and when it
was adopted by the State Legislatures. Although the Act was
passed in 1974, it took several years for its adoption
throughout the country and for setting up enforcement machinery.
The Air (Prevention and Control of Pollution) Act, 1981 and the
Environment (Protection) Act, 1986 were promulgated under
Article 253 of the Constitution which authorises the Parliament
to enact legislation on such matter as necessary for compliance
of international agreement to which India has been a party.
Incidentally, both of these laws refer to the commitments made
in the U.N. Conference on Human Environment held at Stockholm,
Sweden in 1972. Unlike the Water Act, these two laws did not
have to wait for adoption by the State legislatures.
1. The Air (Prevention and Control of Pollution) Act, 1981
2. The Air and Water Pollution Act
3. The Environment (Protection) Act, 1986
4. The Water (Prevention and Control of Pollution) Act, 1974
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