ENVIRONMENTAL

REGULATION AND IMPACT

ANALYSIS

UNIT-1
"THE CONSTITUTION AND ENVIRONMENT"

B. Tech 3rd year Faculty:

Semester – II, 2018 Ms. Gunti Harika

1
Chemical Engineering
CONTENT
 The Constitution of India
 Preamble
 The Concept of Environment
 The Indian Constitution and Environment
 Indian Efforts To Combat Environmental Pollution
 Environmental Regulations and Legal Framework In
India
 Environmental (Protection) Act, 1986
 Reference
THE CONSTITUTION OF
INDIA
 Meaning of the constitution

Constitution
-Comprehensive document
-Which provides legal framework
-By which entire country is regulated

A CONSTITUTE ASSEMBLY was set up in the year 1946

CONSTITUTE ASSEMBLY frame THE CONSTITUTION OF INDIA

Assembly appointed no. of committees for suggesting recommendation
Finally

THE CONSTITUTION OF INDIA

Adopted by constituent assembly on 26th November 1949

THE CONSTITUTION OF INDIA came into force on 26th January 1950

THE CONSTITUTION OF INDI

395 ARTICLES
Constitutio 22 PARTS
n 12 SCHEDULES

THE CONSTITUTION OF INDIA is said to be

MOTHER OF ALL LAWS
PREAMBL
E
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a –SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens:

 JUSTICE social, economic and

political;
 LIBERTY of thought, expression,
belief, faith and worship;
 EQUALITY of status, opportunity and
to promote among them all
 FRATERNITY assuring the
dignity of individual & unity and
integrity of the Nation;
THE CONCEPT OF
ENVIRONMENT

 “Environment” owes its genesis to a French word ‘environ’, which means

‘encircle’.
 It encompasses within its ambit land, water, flora, fauna, living creatures,

forest and everything above the earth.

 ‘Environment’ all components surrounding man,

Consist of two important major parts.

 Physical & Natural

 Physical lithosphere, land, hydrosphere & atmosphere (water

&air).
 Natural living organisms (human beings, flora and fauna).
 All this is perceived in the definition of environment provided by the
Environment (Protection) Act, 1986, which states:
 Environment includes water, air, land and the inter-relationships which
exist among and between water, air, land and human beings, other living
creatures, plants, micro-organisms and property.
THE INDIAN CONSTITUTION AND
ENVIRONMENT

 The culmination of various international efforts initiated 38 years ago at

Stockholm(Sweden).
 The first historic international conference on Human Environment was
held in 1972.
 There is a major environmental crisis of a global proportion affecting
the
physical, natural and human environment due to pollution of all kinds.
 It is of serious concern to the international community that the greenhouse
gases emissions continued to be on the rise.
 The UN mandated intergovernmental panel on climate change says that by
2100 the global temp increases will range between 1.4 and 5.8 °Celsius.
THE INDIAN CONSTITUTION AND
ENVIRONMENT

 Mean sea levels 80 cm, inundating low-laying areas and smaller islands.
 It has been predicted that there will be more frequent and severe heat
waves, more intense tropical cyclones, changes in rainfall patterns and
melting of ice.
 Environmental degradation is generally caused not only by the pollution of
the atmosphere and of the maritime, and the coastal inland waters through
the disruption of rural lands but also by the destruction of ecological
balance of natural areas and the adverse effect of the use of biocides upon
animal and plant life.
THE INDIAN CONSTITUTION AND
ENVIRONMENT

 Another important reason for environment degradation is the

uncontrolled exploitation and the consequent depletion of world’s
natural resources.
 The Indian Apex Court, The entire world is facing a serious problem
of environmental degradation due to indiscriminate development.
 Industrialization, burning of fossil fuels and massive deforestation
are leading to degradation of environment.

 Today the atmosphere level of CO2, the principal source of global

warming is 26 % higher than pre-industrial concentration.
THE INDIAN CONSTITUTION AND
ENVIRONMENT

 Enormous amount of gases and chemicals emitted by the industrial plants

and automobiles have led to depletion of ozone layers which serve as a
shield to protect life on the earth from the ultraviolet rays of the sun.

 The problems of “acid rain” which is caused mainly by the emission of SO2

and NOx from power stations and industrial installations is a graphic

example of it.
 The ill effect of “acid rain” can be found on vegetables, soil, marine
resources, and monuments as well as on humans.
 Air pollutants and acids generated by the industrial activities are now
entering forest at an unprecedented scale.
INTERNATIONAL COMMUNITY

 It is imperative that the international community should be

shaken from its slumber to be prepared to combat this
environmental crisis by taking appropriate measures,
 These should not be only for controlling pollution but also for
protecting and promoting environment.
 The 5th June of every year as an International Environmental
Day, given at the UN summit on Environment and development
at Stockholm, in 1972.
INDIAN EFFORTS TO COMBAT
ENVIRONMENTAL POLLUTION
 India has joined the members of the international community in their
crusade against environmental problems.

 First, by amending its own fundamental law, and then, by following it up

with the enactment of several laws to protect national environment.

 The new constitutional provisions have given the necessary impetus to

the
environmental legislation in the country.
ENVIRONMENTAL REGULATIONS
AND LEGAL FRAME WORK IN INDIA
 The State's responsibility with regard to environmental protection has
been laid down under Article 48-A.
 "The State shall endeavour to protect and improve the environment and
to safeguard the forests and wildlife of the country".
 Environmental protection is a fundamental duty of every citizen of this
country under Article 51-A(g)
 "It shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures.“
ENVIRONMENTAL REGULATIONS
AND LEGAL FRAME WORK IN INDIA

 "No person shall be deprived of his life or personal liberty except

according to procedure.
 Article 48-A of the Constitution comes under Directive Principles of
State Policy.
 Article 51 A(g) of the Constitution comes under Fundamental Duties.
established by law."
 The 42nd amendment to the Constitution 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.
ENVIRONMENTAL POLICY OF INDIA
AND THE LEGESLATIVE FRAME
WORK

INTRODUCTION:
 Policy is sum of total of values as important considerations in

their relation with one another.

 Environmental policies have to be formulated in the credible of

social moral and values.

 A clear version should be there reflecting all the conflicting

values, known as policy and the translation into legal framework

is law.
ENVIRONMENTAL POLICY OF INDIA
AND THE LEGESLATIVE FRAME
WORK

Goals of environmental policy:

Goals of environmental policy may be formulated into

 To protect human health.

 To ensure viability of wild life.

 Preservation of historic monuments.

 Stopping further degradation of the environment…..

INDIAN ENVIRONMENTAL
POLICY
 Ministry of environment and forest government has announced a policy

statement for abatement of pollution in 1992.

 The preamble not only spells about the objectives but also shift emphasis.

 The policy stresses: Need for

+ve attitude to prevent pollution.

 Comprehensive approach to integrate environmental & economic aspects.

 preventive aspects and promotion of technological inputs to reduce

industrial pollutants.
Integration of environmental considerations into decision making at all

levels.
INDIAN ENVIRONMENTAL
POLICY

 The policy statement adopts the following fundamental guiding

principles:
 Prevention of pollution at source.

 The adoption of best technology available.

 The polluter pays principle.

 Public participation in decision making.

 The policy favors a combination of regulatory and market based

instruments to prevent and control pollution.

LEGISLATION FOR
ENVIRONMENTAL PROTECTION
IN INDIA
ENVIRONMENTAL (PROTECTION) ACT, 1986 (EPA):
 The Environment (Protection) Act, 1986 was introduced as an umbrella

legislation that provides a holistic framework for the protection and

improvement to the environment.
 In response to 1st international conference on human Environment, ‘The

Environment (Protection) Act, 1986’ and the corresponding ‘Environment

Rules, 1986’ was put into practice.
 Central government has powers to prevent, control and abate environmental

pollution.
 The salient features of Environment (Protection) Act, are discussed below.
ENVIRONMENTAL (PROTECTION)
ACT 1986
1. Objectives of the Act:
a. Protection and improvement of the environment.
b. Prevention of hazardous to all living creatures (plants, animals and humans) &
property.
c. Maintenance of carbonaceous relationship between humans and environment.
2. Important terms used in the Act:
a. Environment: Water, air, land, rel among HB, LC, Plants, MO, property.
b. Environmental pollutant: Solid, liquid or gaseous substance present in
such concentrations as may be injurious to environment.
c. Environmental pollution: Presence of environmental pollutant in
Environment.
d. Hazardous substance: Which cause harm to HB, LC, property or
environment due to its physical or chemical properties.
ENVIRONMENTAL (PROTECTION)
ACT 1986

3. Details of the Act:

3.1 General powers of the central government:
Under section 3, empowers the central government to take following measures:
a. To co-ordinate actions of state government officers and other authorities.
b. To plan and execute a nationwide programme for prevention control and
abatement of environmental pollution.
c. To lay down standards for quality of environment and discharge of
environmental pollutants from various sources.
d. To demarc and segregate industrial areas from non industrial ones.
e. To lay down procedures and safeguards for handling of hazardous subst.
ENVIRONMENTAL (PROTECTION)
ACT 1986
3.1 General powers of the central government:
f. To examine the manufacturing processes, material and substances likely to
cause environmental pollution.
g. To inspect any premises, plant, manufacturing process, equipment or
machinery and give direction to PCA environmental pollution.
h. To establish and recognize environmental laboratories and institutes.
i. To carryout and sponsor investigations and research in EP problems.
j. To prepare manuals, codes or guides relating to EP and its PCA.
k. To take up any matter necessary for implementation of provision of the
Act.
l. To constitute an authority, if necessary for the purpose of performing such
functions and powers of Central Government under section 4.2 of this Act.
ENVIRONMENTAL (PROTECTION)
ACT 1986
3.2 Provisions for PCA of Environmental pollution:
a. Under section 7.1: no-person environ pollutants in excess.
b. Under section 8.2: no person shall handle HS without safeguards.
c. Under section 9.3: A person is responsible to mitigate EP and to
intimate any occurrence relating to EP to concerned authorities.
d. Under section 10: CG & its officers have power to enter & inspect place.
e. Under section 11: : CG & its officers have power to take samples of air,
water, soil and substances from factory for analysis acc to procedures
f. Under section 12:CG has power to establish environ laboratories.
g. Under section 13:CG may appoint or recognize government analyst for
the purpose of analysis of air, water, soil and any other substances.
h. Under section 14:The report signed by government analyst may be
used as an evidence.
ENVIRONMENTAL (PROTECTION)
ACT 1986
3.3Penalities for violating the Provisions in the Act:
a. Under section 15.5: Any person violating any of provisions of the Act .
 Shall be punishable with imprisonment for a term ( 5 years).
 A fine may extend to 1 Lakh rupees. Or both.

b. Under section 16: Criminal liability is also fixed on the company's

directors and principal officers in case of offence being committed by a
company.
c. Under section 17: Criminal liability is also fixed on the heads of
department of government where an offence is committed by the
concerned department and the head of department is unable to prove that
offence was committed without his /her knowledge.
CONTROL OF POLLUTION) ACT
1974
 In response to critical problems on quality and quantity of waters, India enacted

‘The Water (Prevention and control of pollution) Act, 1974’ and the corresponding
‘Water (Prevention and control of pollution) Rules, 1975’ .
 For effective Implementation, the various provisions of this Act have been amended

time to time Water (Prevention and control of pollution) Cess Act, 1977 , Water
(Prevention and control of pollution) amendment Act, 1988.
 The main concern of the act is to maintain or restore the wholesomeness of water.

 The salient features of this Act are briefly discussed as under.

1. Objectives of the Act:

a. Prevention and control of water pollution.
b. Maintaining or restoring the wholesomeness of water.
c. Establishment of central and state boards for the prevention and control of water
pollution.
CONTROL OF POLLUTION) ACT
1974
2. Definition of ‘Pollution’
In this Act pollution has be elaborately defined as
“The contamination of water ,
or the alteration of physical, chemical or biological properties of water,
or the discharge of any sewage or trade effluent (directly or indirectly) which is
likely to render such water harmful or injurious to:
a. Public health or safety.
b. Domestic, commercial, industrial, agricultural or other uses.
c. Life and health of plants, animals or aquatic organisms.”
CONTROL OF POLLUTION) ACT
1974
3. Constitution, Functions and Powers of Boards
 The 1974 Act provides for Central Pollution Control Board (CPCB) as also

State Pollution Control Board (SPCBs).

 The CPCB has a full-time chairman (to be nominated by the CG; while an

SPCB may have a full-time or a part-time chairman (to be nominated by

SG).
 There can also be Joint Boards between any two governments.

 Under section 8, the Act directs the Boards to have at least one meeting in

every three months.

CONTROL OF POLLUTION) ACT
1974
3. 1 Constitution of Central Pollution Control Board
According to section 3, the CPCB shall consist of the following members:
a. Full time chairman having knowledge or practical experience in matters
related to environmental protection or administration of institutions.
b. A full-time member-secretary (to be appointed by CG) having knowledge
and experience of scientific engineering or management aspects of
pollution control.
c. Not more than 5 officials nominated by the CG.
d. Not more than 5 persons nominated by the CG.
e. Not more than 3-n0n officials nominated by CG to represent interests of
agriculture, fishery etc...
f. Not more than 2-n0n officials nominated by CG to represent the companies
or corporations owned by CG.
CONTROL OF POLLUTION) ACT
1974
3. 2 Constitution of Staate Pollution Control Board
According to section 4, the SPCB shall consist of the following members:
a. Full time chairman having knowledge or practical experience in matters
related to environmental protection or administration of institutions.
b. A full-time member-secretary (to be appointed by SG) having knowledge
and experience of scientific engineering or management aspects of
pollution control.
c. Not more than 5 officials nominated by the SG.
d. Not more than 5 persons nominated by the SG.
e. Not more than 3-n0n officials nominated by SG to represent interests of
agriculture, fishery etc...
f. Not more than 2-n0n officials nominated by SG to represent the companies
or corporations owned by SG.
CONTROL OF POLLUTION) ACT
1974
3. 3 Constitution of Joint Pollution Control Board (JPCB)
According to section 14, of the Act, under agreement between two or more
contiguous State, JPCB may be constituted for those states by CG or SG.
3. 4 Functions of CPCB:
Under the section 16-A, the functions of CPCB are:
a. Advising the CG on matters regarding the prevention and control of water
pollution.
b. Co-ordinating the actions of SPCB and resolving disputes among them .
c. Providing technical assistance and guidance to SPCBs in carrying out
research in prevention and control of water pollution.
d. Organizing training for persons engaged in pollution control.
e. Organizing comprehensive programme for water pollution control.
CONTROL OF POLLUTION) ACT
1974
f. To set standards, verify, modify or annual them as necessary for streams.
g. Preparing manuals, codes or guides for treatment and disposal of sewage
and trade effluents.
h. Compiling and publishing technical and statistical data relating to WP.
i. Establishing and recognizing laboratories for analysis of water samples
from any stream, well or trade effluent.
3. 5 Functions of SPCB:
According to section 7-B the functions of SPCB are:
a. To plan a comprehensive programme for the prevention, control and
abatement of pollution of streams or rivers and wells.
b. To advise SG on matters concerning water pollution control or location of
industrial units.
c. To collaborate with CPCB for training public in WP control programmes.
CONTROL OF POLLUTION) ACT
1974
d. To collaborate with CPCB for organizing educational programs for
spreading information for water pollution control programs.
e. To promote and conduct research on subject towards evolving economic
and reliable methods of sewage treatment, trade effluents and disposal.
f. To prescribe the effluent standards for sewage and trade effluent to be
discharged into any stream or land.
g. To inspect trade effluents and wastewater treatment plants.
h. To establish or recognize laboratories for analysis of water.
3. 6 Powers of the state government:
a. Under section 20.2 The SPCB may carryout surveys, take measurements or
seek information for the purpose of performing functions under this Act.
b. Under section 21 (1) A The SG has the power to collect samples of water of
any stream, well or any effluent being discharged.
CONTROL OF POLLUTION) ACT
1974
c. Under section 22.4 The SPCB has the power to obtain a report of the result
of the analysis by a recognized laboratory.
d. Under section 23.5 The SPCB is empowered by SG to enter any place for
the purpose of performing any of the functions entrusted to it.
e. Under section 24.6
1.No person shall knowingly allow the entry of any matter into any stream.
2. No person shall knowingly allow the entry of toxic, noxious or polluting
matter directly or indirectly into any stream, well, sewer or land.
f. Under section 25.7
1.No person shall establish any industry, operation or any treatment
disposal system .
2. No person shall knowingly allow the entry of toxic, noxious or polluting
matter directly or indirectly into any stream, well, sewer or land.
AIR (PREVENTION AND CONTROL
OF POLLUTION) ACT 1981
 Air pollution, it seems has come to the notice of the legislature a little later than

water pollution.
 The delay of about seven years could be attributed to this.

 The United Nation Conference on the Human Environment at Stockholm in

1972,to take appropriate steps for preservation of natural resources of the

earth, including the preservation of the quality of air and control of air
pollution.
 The salient features of this Act are briefly discussed as under.

1. Objectives of the Act:

a. Prevention, control and abatement of air pollution.
b. Maintaining the quality of air.
c. Establishment of Boards for the Prevention and control of air pollution.
AIR (PREVENTION AND CONTROL
OF POLLUTION) ACT 1981
2. Important terms used in the Act:
a. Air pollution : According to the Act means ‘The presence of air pollutant
in the atmosphere’.
b. Air pollutant: Means any solid, liquid or gaseous substance(including
noise) present in such concentrations in atmosphere as may be injurious to
human beings or other living creatures or property or environment.
c. Control equipment: According to the Act means ‘any apparatus,
devices, equipments or systems to control the quality and manner of
emission of any air pollutant’.
And also devices used for ‘securing the efficient operation of any industrial
plant’
AIR (PREVENTION AND CONTROL
OF POLLUTION) ACT 1981
3. Constitution and Functions of Boards:
 In order to have an integrated approach for tackling of the problems

related to the pollution, the Air (Prevention and Control of Pollution)Act,

1981 provides that the CPCB & SPCB established under the Water
(Prevention and Control of Pollution)Act, 1974 shall also act as Air
Pollution Control Boards (APCB) under this Act.
 But in those states in which SPCB for water pollution are not established,

separate state Boards for Air Pollution Control will be established.

 The functions of the CPCB and SPCB for control of air pollution are also

identical to he functions of CPCB & SPCB for the control of water

pollution, expect that they aim to control air pollution instead of water
pollution.
AIR (PREVENTION AND CONTROL
OF POLLUTION) ACT 1981
4. Powers of the Boards:
The CPCB & SPCB established under the water (Prevention and Control of
Pollution) Act, 1974 exercise powers in relation to air pollution as well.
a. Under section 19.1 The SG, after constitution with the SPCB may:
1.Declare any area or areas as Air Pollution Control Areas (APCA) by
notification in the official gazette.
2. Prohibit the use of any fuel or appliance causing or likely to cause air
pollution in an APCA.
3. Prohibit burning of any material causing or likely to cause air pollution
in an APCA.
b. Under section 20.2 The boards have the power to ensure that laid down
emission standards of air pollutants from automotive are compiled with.
AIR (PREVENTION AND CONTROL
OF POLLUTION) ACT 1981
c. Under section 21.3 No person shall, without the previous consent of the
SPCB, establish or operate any industrial plant in an APCA .
d. Under section 22.4 No person operating any industrial plant in any APCA
shall discharge or cause or permit to be discharged, the emission of any air
pollutant in excess of the laid down standards by SPCB.
e. Under section 24.5
Any person empowered by the SPCB shall have the right to enter any place:
1. Performing any of the functions of the Board entrusted to him.
2.Examing and testing any industrial plant, record, register, document,
control equipment, etc….
3. Seizing any such control equipment, if he has reasons to believe that it
may furnish evidence of an offence punishable under this Act.
AIR (PREVENTION AND CONTROL
OF POLLUTION) ACT 1981
f. Under section 26 Any person empowered by the Board shall have the
power to take samples of air or emission from any chimney, duct or flue
etc., for the analysis purpose and send the same to the established or
recognized laboratory by the State Board analysis.

5. Penalties for violating the provisions of Act:

Penalties for violations or defaults of the provisions under the Act are same
as under the Water (Prevention and Control of Pollution) Act, except that
there is no provision for publication of name (s) under this Act.
AIR (PREVENTION AND CONTROL
OF POLLUTION) ACT 1981
6. Drawbacks of the Act:
a. The main drawback of this Act lies in giving the offender or defaulter 60
days notice period before taking him to the court.
Due to this delay offender may destroy the evidence, which will be
difficult to prove the offence.
b. No consent or permission is required to be taken from the SPCB for
establishing an industry outside the APCA.
Even though its emission might be reaching the APCA.
c. The emissions of air pollutants by an aircraft or ship are excluded from the
purview of this Act.
(PROTECTION)ACT,1972,
AMENDMENT 1981
 The WPA (Wild Life Protection Act), 1972, provides for protection to listed

species floura & fauna and establishes a network of ecologically –

important protected areas.

 The WPA empowers the CG & SG to declare any area wildlife sanctuary,

national park or closed area.

 The Act prohibits hunting of animals except with permission of authorized

officer.
FOREST
(CONSERVATION)ACT,1980
 The Act was adopted to protect and conserve forests.

 The Act restricts the powers of the state in respect of de-reservation of

forests and use of forest land for non-forest purposes.

AN ASSESMENT OF THE LEGAL AND
REGULATORY FRAME WORK FOR
ENVIRONMENTAL PROTECTION IN INDIA
 The extent of environmental legislation network is evident from above

discussion but the enforcement of the laws has been a matter of concern.
 The main reason is the prevailing command and control nature of the

environmental regime.
 The government of India came out with a policy statement for Abatement

of pollution in 1992, before the Rio Conference.

 It stated that economic instruments will be investigated to encourage the

shift from curative to preventive measures.

 In 1995, the ministry of Environment and Forest (MOEF) constituted a

task force to evaluate market-based instruments.

AN ASSESMENT OF THE LEGAL AND
REGULATORY FRAME WORK FOR
ENVIRONMENTAL PROTECTION IN INDIA

 Various economic incentives have been used to supplement the

command and control policies.

 Depreciation allowances, exemptions from excise or customs duty

payment, and arrangement of soft loans for the adoption of clean

technologies.
 Another aspect i.e., evident is the shift in the focus from end –of-pipe

treatment of pollution to treatment at source.

 The role of remote sensing and geographical information systems in

natural resource management and environmental protection has also

gained importance over time.