Environmental Laws, Treaties and Institutions

What to remember

• The Constitution links to the environment through Article 48A (State duty), Article 51A(g) (citizen duty) and Article 21 (right to a healthy environment, as read by courts). Articles 48A and 51A(g) were added by the 42nd Amendment, 1976.
• Key Acts: Wildlife (Protection) 1972, Water 1974, Forest (Conservation) 1980, Air 1981, Environment (Protection) 1986, Biodiversity 2002, NGT 2010, Forest Rights 2006.
• Key treaties: Ramsar (wetlands), CITES (trade in species), CBD (biodiversity), Montreal (ozone), Basel (hazardous waste).

Constitutional basis

• Article 48A (Directive Principle): the State shall protect and improve the environment and safeguard forests and wildlife.
• Article 51A(g) (Fundamental Duty): every citizen shall protect and improve the natural environment, and have compassion for living creatures.
• Article 21: courts have held that the right to life includes the right to a clean and healthy environment.
• Article 253: Parliament can make laws to carry out international treaties. The Environment (Protection) Act was made using this power.
• The 42nd Amendment also moved forests and protection of wild animals and birds from the State List to the Concurrent List.

Major Indian environmental laws

Wildlife (Protection) Act, 1972: It has Schedules that list species at different levels of protection; the highest-level species receive the strongest penalties. It provides for Chief Wildlife Warden, State Wildlife Boards, national parks, sanctuaries, conservation and community reserves, and regulation of trade. It was amended several times, including a major amendment in 2022 to align with CITES and to rationalise the Schedules.

Forest (Conservation) Act, 1980: Its aim is to check diversion of forest land to other uses without approval of the Central Government. It was amended in 2023 and renamed in Hindi, with changes to the areas it covers. Check the latest official text for details.

Water Act, 1974 and Air Act, 1981: Industries must take consent (to establish and to operate) from the State Pollution Control Board. Violation can be punished. The Air Act also deals with vehicle emission and industrial emission standards.

Environment (Protection) Act, 1986: Passed after the Bhopal tragedy. It lets the Central Government set emission and discharge standards, restrict areas for industry, and regulate handling of hazardous substances. Rules made under it include those on hazardous waste, plastic, e-waste, bio-medical waste, noise, and the EIA notification.

Biological Diversity Act, 2002: It follows the Convention on Biological Diversity. It created the National Biodiversity Authority (NBA, Chennai), State Biodiversity Boards, and Biodiversity Management Committees (BMCs) at local body level. Foreign persons need approval to access Indian biological resources, and benefit sharing with local communities is required. People's Biodiversity Registers record local knowledge.

Forest Rights Act, 2006: Officially the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act. It recognises individual and community forest rights, and the right to protect and manage community forest resources. The Gram Sabha starts the process of claiming rights. It aims to correct a historical injustice and to support conservation with local participation.

Environmental Impact Assessment (EIA)

EIA predicts the environmental effects of a project before it is approved. It was first made mandatory by a notification in 1994 and replaced by the EIA Notification, 2006, under the Environment (Protection) Act.

• Projects are in Category A (Central approval, with the Expert Appraisal Committee) or Category B (State level, with the State Environment Impact Assessment Authority).
• Steps: screening, scoping, public consultation (public hearing), appraisal, and decision.
• Public hearing lets affected people give their views.

Institutions

National Green Tribunal (2010): It replaced earlier bodies and its principal bench is in Delhi, with regional benches in Bhopal, Pune, Kolkata and Chennai. It is expected to decide cases within a few months. Its chairperson must be a judge of the Supreme Court or a Chief Justice of a High Court (in practice usually retired). It is not bound by the Code of Civil Procedure, and follows natural justice. Appeals from the NGT lie to the Supreme Court.

International treaties and conventions

Ramsar sites are wetlands of international importance. The Montreux Record lists Ramsar sites where the ecological character is changing or under threat. CITES has three appendices: Appendix I (threatened with extinction, trade almost banned), Appendix II (trade controlled), Appendix III (a member country asks for help in controlling trade).

Andhra Pradesh administration for forests and wildlife

• The AP Forest Department manages reserved and protected forests, wildlife areas and social forestry. It is headed by the Principal Chief Conservator of Forests (Head of Forest Force).
• The Andhra Pradesh Forest Act, 1967 governs forest administration in the State. Forest management uses circles, divisions, ranges, sections and beats; the Forest Beat Officer is the lowest field level and the Divisional Forest Officer heads a division.
• Wildlife is managed through the Chief Wildlife Warden and wildlife divisions in protected areas such as the Nagarjunasagar-Srisailam Tiger Reserve and Sri Venkateswara National Park.
• The AP Pollution Control Board and the AP State Biodiversity Board carry out the national laws in the State.
• Red sanders (*Pterocarpus santalinus*), found in the Seshachalam region, is protected, and its illegal felling and smuggling is punished. It is regulated through international trade rules too.
• Joint Forest Management and Vana Samrakshana Samithis (forest protection committees) involve local people in protecting forests.

Principles and landmark ideas

• Polluter pays: the polluter bears the cost of damage.
• Precautionary principle: lack of certainty is no reason to delay preventive action.
• Sustainable development: growth that does not harm the needs of future generations.
• Public trust doctrine: natural resources are held by the State in trust for the public.
• Absolute liability: a rule from an Indian court case after a gas leak in Delhi, under which industries doing hazardous work are fully responsible for harm, without exceptions.

Exam traps

• 1. Water Act (1974) comes before Air Act (1981); both came before the 1986 umbrella Act.
• 2. Forest (Conservation) Act is about forest land diversion; Wildlife Act is about animals and protected areas.
• 3. CPCB is created under the Water Act; NGT under the NGT Act of 2010.
• 4. Ramsar is about wetlands; CITES about trade; Basel about hazardous waste.
• 5. The National Biodiversity Authority is in Chennai; the NGT principal bench is in Delhi.
• 6. Article 48A is a Directive Principle; Article 51A(g) is a Fundamental Duty.
• 7. Category A projects are approved at the Centre; Category B at the State level.
• 8. FRA recognises rights; it does not grant new land ownership for any purpose.

One-liners

• 1. The Environment (Protection) Act was passed in 1986.
• 2. Wildlife (Protection) Act dates from 1972.
• 3. Forest (Conservation) Act dates from 1980.
• 4. The Biological Diversity Act is from 2002.
• 5. NGT was set up in 2010.
• 6. Ramsar Convention was adopted in 1971.
• 7. CITES covers international trade in wild species.
• 8. Montreal Protocol targets ozone-depleting substances.
• 9. The 42nd Amendment inserted Article 48A.
• 10. Forest Rights Act is from 2006.
• 11. Biodiversity Management Committees work at local level.
• 12. Basel Convention deals with hazardous waste movement.

Practice questions

1. Which Article of the Constitution directs the State to protect and improve the environment?

   1. Article 253
   2. Article 19(1)(g)
   3. Article 51A(g)
   4. Article 48A
   Answer

   D. Article 48A

   Article 48A is a Directive Principle on environment and wildlife.

2. The duty of citizens to protect the natural environment is in

   1. Article 21
   2. Article 51A(g)
   3. Article 48A
   4. Article 32
   Answer

   B. Article 51A(g)

   It is a Fundamental Duty.

3. Articles 48A and 51A(g) were inserted by the

   1. 73rd Amendment
   2. 44th Amendment
   3. 42nd Amendment
   4. 86th Amendment
   Answer

   C. 42nd Amendment

   The 42nd Amendment of 1976 added both.

4. The 42nd Amendment moved forests from the State List to the

   1. Union List
   2. Panchayat list
   3. Ninth Schedule
   4. Concurrent List
   Answer

   D. Concurrent List

   Forests and protection of wild animals and birds became concurrent subjects.

5. Parliament's power to legislate to implement international agreements comes from Article

   1. 48A
   2. 51A
   3. 253
   4. 352
   Answer

   C. 253

   The Environment (Protection) Act used this power.

6. The Wildlife (Protection) Act was enacted in

   1. 1986
   2. 1972
   3. 1980
   4. 2002
   Answer

   B. 1972

   It protects wild animals, birds and plants.

7. The Water (Prevention and Control of Pollution) Act was passed in

   1. 1986
   2. 2010
   3. 1974
   4. 1981
   Answer

   C. 1974

   It created the pollution control boards.

8. The Forest (Conservation) Act, 1980 mainly regulates

   1. hunting of animals
   2. trade in wildlife
   3. pollution of rivers
   4. diversion of forest land to non-forest use
   Answer

   D. diversion of forest land to non-forest use

   It requires prior central approval for diversion of forest land.

9. The Air (Prevention and Control of Pollution) Act was enacted in

   1. 1974
   2. 1981
   3. 1999
   4. 1986
   Answer

   B. 1981

   It followed the Water Act of 1974.

10. The Environment (Protection) Act of 1986 was passed after the

    1. Chipko movement
    2. Silent Valley protest
    3. Bhopal gas tragedy
    4. Narmada project
    Answer

    C. Bhopal gas tragedy

    Bhopal (1984) led to the umbrella law.

11. The Biological Diversity Act was passed in

    1. 2010
    2. 2002
    3. 1992
    4. 1986
    Answer

    B. 2002

    It follows the Convention on Biological Diversity.

12. The headquarters of the National Biodiversity Authority is in

    1. Kolkata
    2. Delhi
    3. Bhopal
    4. Chennai
    Answer

    D. Chennai

    The NBA is in Chennai.

13. Biodiversity Management Committees are set up at the level of

    1. local bodies
    2. the Supreme Court
    3. State assemblies
    4. the Union ministry
    Answer

    A. local bodies

    BMCs record local biodiversity knowledge in People's Biodiversity Registers.

14. The National Green Tribunal was created in

    1. 2010
    2. 2002
    3. 2016
    4. 1986
    Answer

    A. 2010

    The NGT Act is of 2010.

15. The principal bench of the NGT is located in

    1. Kolkata
    2. Chennai
    3. Delhi
    4. Pune
    Answer

    C. Delhi

    Regional benches are in Bhopal, Pune, Kolkata and Chennai.

16. Appeals against NGT orders go to the

    1. High Court
    2. President
    3. Lok Sabha
    4. Supreme Court
    Answer

    D. Supreme Court

    The Supreme Court hears appeals from the NGT.

17. The Central Pollution Control Board was set up under the

    1. Biodiversity Act, 2002
    2. Water Act, 1974
    3. Air Act, 1981
    4. EPA, 1986
    Answer

    B. Water Act, 1974

    CPCB was constituted under the Water Act.

18. Industries must obtain 'consent to operate' from the

    1. District Collector alone
    2. State Pollution Control Board
    3. Forest Range Officer
    4. NGT
    Answer

    B. State Pollution Control Board

    The Water and Air Acts require SPCB consent.

19. The Forest Rights Act was passed in

    1. 1996
    2. 1980
    3. 2006
    4. 2013
    Answer

    C. 2006

    It recognises rights of tribal and other forest dwellers.

20. Under the Forest Rights Act, the process of claiming rights starts with the

    1. Forest Beat Officer
    2. District Judge
    3. Lok Adalat
    4. Gram Sabha
    Answer

    D. Gram Sabha

    Gram Sabhas begin the process of recognising rights.

21. The EIA Notification currently followed in India was issued in

    1. 2006
    2. 1994
    3. 1986
    4. 2016
    Answer

    A. 2006

    The 2006 notification replaced the 1994 one.

22. Under EIA, which step lets affected people give their views?

    1. Closure
    2. Scoping
    3. Screening
    4. Public hearing
    Answer

    D. Public hearing

    Public consultation is a key step.

23. Category A projects under EIA are appraised at the

    1. Panchayat level
    2. Central level
    3. District court level
    4. Village level
    Answer

    B. Central level

    Category B projects are handled at State level.

24. The Ramsar Convention is about

    1. hazardous waste
    2. ozone layer
    3. wetlands
    4. trade in species
    Answer

    C. wetlands

    It was adopted in 1971.

25. CITES regulates

    1. international trade in endangered species
    2. ozone-depleting substances
    3. wetland tourism
    4. oil spills
    Answer

    A. international trade in endangered species

    CITES is also called the Washington Convention.

26. Species threatened with extinction and with trade almost banned are in CITES

    1. Appendix IV
    2. Appendix II
    3. Appendix III
    4. Appendix I
    Answer

    D. Appendix I

    Appendix I gives the highest level of protection.

27. The Basel Convention deals with

    1. movement of hazardous waste across borders
    2. migratory birds
    3. wetlands
    4. mercury in goods
    Answer

    A. movement of hazardous waste across borders

    It was adopted in 1989.

28. The Nagoya Protocol is about

    1. hazardous waste
    2. wetland listing
    3. access and benefit sharing of genetic resources
    4. ozone depletion
    Answer

    C. access and benefit sharing of genetic resources

    It is a protocol of the CBD (2010).

29. The Cartagena Protocol deals with

    1. ozone
    2. biosafety of living modified organisms
    3. trade in ivory
    4. plastic waste
    Answer

    B. biosafety of living modified organisms

    It is a protocol of the CBD.

30. The Minamata Convention is concerned with

    1. cadmium
    2. lead
    3. arsenic
    4. mercury
    Answer

    D. mercury

    It aims to reduce mercury use and release.

31. The Convention on Biological Diversity opened for signature in

    1. 1992
    2. 1971
    3. 2010
    4. 1985
    Answer

    A. 1992

    It was adopted at the Rio Earth Summit.

32. The Andhra Pradesh Forest Department is headed by the

    1. District Collector
    2. Divisional Forest Officer
    3. Principal Chief Conservator of Forests (Head of Forest Force)
    4. Chief Secretary
    Answer

    C. Principal Chief Conservator of Forests (Head of Forest Force)

    The PCCF (HoFF) leads the department.

33. The lowest field level in forest administration is the

    1. division
    2. beat
    3. range
    4. circle
    Answer

    B. beat

    A beat is the smallest territorial unit, under a Forest Beat Officer.

34. Vana Samrakshana Samithis are

    1. forest protection committees of local people
    2. pollution laboratories
    3. mining boards
    4. state tribunals
    Answer

    A. forest protection committees of local people

    They support Joint Forest Management.

35. Consider the statements: 1. The Environment (Protection) Act is an umbrella law. 2. The Wildlife (Protection) Act regulates pollution of rivers. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Water pollution is covered by the Water Act.

36. Consider the statements: 1. The CPCB was created under the Water Act, 1974. 2. The NGT was created under the Air Act. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The NGT Act of 2010 created the NGT.

37. Consider the statements: 1. The Biological Diversity Act provides for benefit sharing. 2. Foreigners may access Indian biological resources without approval. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Approval is required.

38. Consider the statements: 1. Article 48A is a Directive Principle. 2. Article 51A(g) is a Fundamental Duty. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both statements are correct.

39. Consider the statements: 1. CITES has three appendices. 2. The Ramsar Convention controls international trade in wild species. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Ramsar is about wetlands.

40. Consider the statements: 1. The Forest Rights Act recognises rights of forest dwellers. 2. The Forest Rights Act was passed in 1980. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    It was passed in 2006.

41. Consider the statements: 1. Polluter pays means the polluter bears the cost of damage. 2. The precautionary principle says to wait for complete scientific proof. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Precaution means acting without waiting for certainty.

42. Match the Act with its year. 1. Water Act 2. Air Act 3. EPA 4. Biodiversity Act A. 1986 B. 2002 C. 1974 D. 1981

    1. 1-C, 2-D, 3-B, 4-A
    2. 1-C, 2-D, 3-A, 4-B
    3. 1-A, 2-D, 3-C, 4-B
    4. 1-D, 2-C, 3-A, 4-B
    Answer

    B. 1-C, 2-D, 3-A, 4-B

    Water 1974, Air 1981, EPA 1986, Biodiversity 2002.

43. Red sanders, a protected tree of Andhra Pradesh, is found mainly in the

    1. Konaseema
    2. Godavari delta
    3. Araku coffee belt
    4. Seshachalam region
    Answer

    D. Seshachalam region

    It is endemic to parts of the southern Eastern Ghats.

44. The principle that the State holds natural resources in trust for the public is the

    1. polluter pays principle
    2. public trust doctrine
    3. doctrine of eclipse
    4. precautionary principle
    Answer

    B. public trust doctrine

    It treats air, water and forests as public property held in trust.

45. The Convention on Migratory Species is also known as the

    1. Ramsar Convention
    2. Basel Convention
    3. Stockholm Convention
    4. Bonn Convention
    Answer

    D. Bonn Convention

    It protects migratory animals across borders.