Environmental law in India

What is Environmental Laws?

Environmental law in India encompasses the body of statutes, regulations, judicial decisions, and policies aimed at protecting and improving the country’s environment. It integrates principles drawn from the Constitution, international treaties, and a suite of specialized Acts to regulate pollution, conserve biodiversity, and ensure sustainable use of natural resources.

 Constitutional & Foundational Principles of Environmental laws

• Article 48A (Directive Principle):
  The State shall endeavor to protect and improve the environment and safeguard forests and wildlife.

• Article 51A(g) (Fundamental Duty):
  It is the duty of every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.

• Polluter Pays Principle
  Those who cause pollution bear the cost of managing it to prevent damage to human health or the environment.

• Precautionary Principle
  Lack of full scientific certainty shall not be used as a reason to postpone measures to prevent environmental degradation.

Key Central Legislations 

Legislation	Year	Purpose
Water (Prevention & Control of Pollution) Act	1974	Regulates discharge of pollutants into water bodies; establishes pollution control boards.
Air (Prevention & Control of Pollution) Act	1981	Controls air pollution; empowers central/state boards to set and enforce air quality standards.
Environment (Protection) Act	1986	Umbrella Act empowering the Centre to frame policies, rules, and standards for environmental protection.
Wildlife (Protection) Act	1972	Provides for protection of wild animals, birds, and plants; regulates hunting and trade.
Forest (Conservation) Act	1980	Restricts deforestation and regulates diversion of forest land for non-forest uses.
Public Liability Insurance Act	1991	Mandates insurance for hazardous pollutant handlers to provide relief to affected persons.
National Environment Tribunal Act	1995	(Repealed by NGT Act 2010) Provided for creation of tribunal for environmental disputes.
National Green Tribunal Act	2010	Establishes the National Green Tribunal for speedy environmental justice.
Biological Diversity Act	2002	Conserves biological diversity; regulates access to biological resources and related knowledge.
Hazardous Wastes (Management, Handling & Transboundary Movement) Rules	1989 (amended)	Control and safe handling of hazardous wastes.

Regulatory Notifications & Rules 

• Environment Impact Assessment (EIA) Notification, 2006 (and subsequent amendments)
  Mandates prior environmental clearance for projects likely to have a significant environmental impact.

• Municipal Solid Waste (Management & Handling) Rules, 2016
  Governs segregation, collection, and disposal of municipal waste.

• Plastic Waste Management Rules, 2016
  Regulates manufacture, sale, and use of plastic carry bags and multilayered packaging.

• E-Waste (Management) Rules, 2016
  Addresses collection, recycling, and disposal of electronic waste.

Implementing Agencies 

• Ministry of Environment, Forest & Climate Change (MoEFCC)
  Apex policy‐making body.

• Central Pollution Control Board (CPCB)
  National level monitoring and enforcement agency for air and water pollution.

• State Pollution Control Boards (SPCBs)
  State‐level counterparts to the CPCB.

• National Green Tribunal (NGT)
  Specialized forum for expeditious resolution of environmental disputes.

 Recent Developments & Challenges 

• Judicial Activism
  The Supreme Court and NGT have increasingly interpreted environmental statutes broadly to enforce principles such as inter‑generational equity and public trust. 

• Climate Change Commitments
  India’s policies are now being detailed with international commitments under the Paris Agreement, driving draft rules on carbon markets and net‑zero targets. 

• Implementation Gaps
  Despite robust laws, challenges remain in enforcement, resource constraints for regulatory bodies, and balancing developmental needs with environmental protection.