Textbook: Law and Sustainable Development | Legal Studies for Class 12 - Humanities/Arts PDF Download

 Page 1


Law and Sustainable Development
A. Introduction
What is Sustainable Development?
Sustainable Development is defined as economic development that meets the needs of the present 
without compromising  the ability of the future generations to meet their own needs. (United 
Nations General Assembly, 1987)
The  aim of sustainable development is to achieve long term economic growth by lowering 
the impact on the environment by reducing air, water and soil pollution, so that a better life is 
ensured for the future generations. 
Few examples of sustainable practices are harnessing solar energy to reduce pollution in the 
environment and planting different types of crops on the same land on a rotational basis for 
improving soil fertility.
What is Sustainable development in law?
Sustainable development is an approach to economic planning that attempts to foster economic 
growth while preserving the quality of the environment for future generations.
What are Sustainable Development Goals (SDGs)?
The Sustainable Development Goals (SDGs) are a collection of 17 interlinked goals that provide 
a shared blueprint for peace and prosperity for people and the planet, now and into the future. 
SDGs are also known as Global Goals. 
The SDG framework was adopted by the United Nations in 2015 as a universal call for action to: 
- protect the planet, 
- end poverty, and 
- ensure that all people enjoy peace and prosperity by 2030.
To achieve SDGs, the creativity, knowhow, technology and financial resources from all of society 
are necessary.
CHAPTER
4(A)
Page 2


Law and Sustainable Development
A. Introduction
What is Sustainable Development?
Sustainable Development is defined as economic development that meets the needs of the present 
without compromising  the ability of the future generations to meet their own needs. (United 
Nations General Assembly, 1987)
The  aim of sustainable development is to achieve long term economic growth by lowering 
the impact on the environment by reducing air, water and soil pollution, so that a better life is 
ensured for the future generations. 
Few examples of sustainable practices are harnessing solar energy to reduce pollution in the 
environment and planting different types of crops on the same land on a rotational basis for 
improving soil fertility.
What is Sustainable development in law?
Sustainable development is an approach to economic planning that attempts to foster economic 
growth while preserving the quality of the environment for future generations.
What are Sustainable Development Goals (SDGs)?
The Sustainable Development Goals (SDGs) are a collection of 17 interlinked goals that provide 
a shared blueprint for peace and prosperity for people and the planet, now and into the future. 
SDGs are also known as Global Goals. 
The SDG framework was adopted by the United Nations in 2015 as a universal call for action to: 
- protect the planet, 
- end poverty, and 
- ensure that all people enjoy peace and prosperity by 2030.
To achieve SDGs, the creativity, knowhow, technology and financial resources from all of society 
are necessary.
CHAPTER
4(A)
The 17 sustainable development goals (SDGs) to transform our world are:
GOAL 1: No 
Poverty
GOAL 2: Zero 
Hunger
GOAL 3: 
Good Health 
and Well-
being
GOAL 4: 
Quality 
Education
GOAL 5: 
Gender 
Equality
GOAL 6: 
Clean Water 
and Sanitation
GOAL 7: 
Affordable 
and Clean 
Energy
GOAL 8: 
Decent Work 
and Economic 
Growth
GOAL 9: 
Industry, 
Innovation 
and 
Infrastructure
GOAL 10: 
Reduced 
Inequality
GOAL 11: 
Sustainable 
Cities and 
Communities
GOAL 12: 
Responsible 
Consumption 
and 
Production
GOAL 13: 
Climate 
Action
GOAL 14: 
Life Below 
Water
GOAL 15: 
Life on Land
GOAL 16: 
Peace and 
Justice 
Strong 
Institutions
GOAL 17: 
Partnerships 
to achieve the 
Goal
Stockholm Declaration, 1972- The Stockholm Convention is a global treaty that aims to protect 
human health and the environment from the effects of persistent organic pollutants (POPs). 
It was the first convention to discuss environmental issues on a global scale. The declaration 
proclaims truths relating to man and the environment such as man is the creator and moulder 
of his surroundings. The declaration also reiterates the importance of preservation of the 
environment.
B. Initiatives Under International Scenario
(a) Rio Declaration 1992- Agenda 21
The United Nations Conference on Environment and Development (UNCED), also known 
as the ‘Earth Summit’ was held in Rio de Janerio, Brazil in 1992. The Conference marked the 
20th anniversary of the first ever International Human Environment Conference in Stockholm, 
Sweden, 1972. The Conference was attended by representatives from 179 countries to discuss the 
impact of human socio-economic activities on the environment. 
The objective of  Rio ‘Earth Summit’ was to formulate a blueprint for global action on environment 
and development issues. It recognised that integrating and balancing the economic, social and 
environmental concerns in meeting our needs is vital for sustaining human life on the planet 
Earth. This triggered action on part of governments from across the globe on how to ensure 
sustainability with development. 
The Earth Summit resulted in some major actions by countries from across the globe in the form 
of conventions and resolutions. To name a few:
• Agenda - 21
• UNFCCC - United Nations Framework Convention on Climate Change
• Convention on Biological Diversity
• The Declaration on the Principles of  Forest Management
• Commission on Sustainable Development
Page 3


Law and Sustainable Development
A. Introduction
What is Sustainable Development?
Sustainable Development is defined as economic development that meets the needs of the present 
without compromising  the ability of the future generations to meet their own needs. (United 
Nations General Assembly, 1987)
The  aim of sustainable development is to achieve long term economic growth by lowering 
the impact on the environment by reducing air, water and soil pollution, so that a better life is 
ensured for the future generations. 
Few examples of sustainable practices are harnessing solar energy to reduce pollution in the 
environment and planting different types of crops on the same land on a rotational basis for 
improving soil fertility.
What is Sustainable development in law?
Sustainable development is an approach to economic planning that attempts to foster economic 
growth while preserving the quality of the environment for future generations.
What are Sustainable Development Goals (SDGs)?
The Sustainable Development Goals (SDGs) are a collection of 17 interlinked goals that provide 
a shared blueprint for peace and prosperity for people and the planet, now and into the future. 
SDGs are also known as Global Goals. 
The SDG framework was adopted by the United Nations in 2015 as a universal call for action to: 
- protect the planet, 
- end poverty, and 
- ensure that all people enjoy peace and prosperity by 2030.
To achieve SDGs, the creativity, knowhow, technology and financial resources from all of society 
are necessary.
CHAPTER
4(A)
The 17 sustainable development goals (SDGs) to transform our world are:
GOAL 1: No 
Poverty
GOAL 2: Zero 
Hunger
GOAL 3: 
Good Health 
and Well-
being
GOAL 4: 
Quality 
Education
GOAL 5: 
Gender 
Equality
GOAL 6: 
Clean Water 
and Sanitation
GOAL 7: 
Affordable 
and Clean 
Energy
GOAL 8: 
Decent Work 
and Economic 
Growth
GOAL 9: 
Industry, 
Innovation 
and 
Infrastructure
GOAL 10: 
Reduced 
Inequality
GOAL 11: 
Sustainable 
Cities and 
Communities
GOAL 12: 
Responsible 
Consumption 
and 
Production
GOAL 13: 
Climate 
Action
GOAL 14: 
Life Below 
Water
GOAL 15: 
Life on Land
GOAL 16: 
Peace and 
Justice 
Strong 
Institutions
GOAL 17: 
Partnerships 
to achieve the 
Goal
Stockholm Declaration, 1972- The Stockholm Convention is a global treaty that aims to protect 
human health and the environment from the effects of persistent organic pollutants (POPs). 
It was the first convention to discuss environmental issues on a global scale. The declaration 
proclaims truths relating to man and the environment such as man is the creator and moulder 
of his surroundings. The declaration also reiterates the importance of preservation of the 
environment.
B. Initiatives Under International Scenario
(a) Rio Declaration 1992- Agenda 21
The United Nations Conference on Environment and Development (UNCED), also known 
as the ‘Earth Summit’ was held in Rio de Janerio, Brazil in 1992. The Conference marked the 
20th anniversary of the first ever International Human Environment Conference in Stockholm, 
Sweden, 1972. The Conference was attended by representatives from 179 countries to discuss the 
impact of human socio-economic activities on the environment. 
The objective of  Rio ‘Earth Summit’ was to formulate a blueprint for global action on environment 
and development issues. It recognised that integrating and balancing the economic, social and 
environmental concerns in meeting our needs is vital for sustaining human life on the planet 
Earth. This triggered action on part of governments from across the globe on how to ensure 
sustainability with development. 
The Earth Summit resulted in some major actions by countries from across the globe in the form 
of conventions and resolutions. To name a few:
• Agenda - 21
• UNFCCC - United Nations Framework Convention on Climate Change
• Convention on Biological Diversity
• The Declaration on the Principles of  Forest Management
• Commission on Sustainable Development
97
(b) Agenda 21
Agenda 21 was one of the most daring programs calling for action strategies. It focussed on new 
methods of education, new ways of preserving natural resources and new ways of participating 
in a sustainable economy. The implementation of Agenda -21 was reaffirmed in the World 
Summit on Sustainable Development held in Johannesburg, in 2002. 
Agenda 21 focuses on Community Participation as one of the major prerequisites for sustainable 
development. Attaining sustainability therefore requires addressing the fundamental issues 
and challenges pertaining to development at local, regional and global levels simultaneously 
by all segments of society. Thus the key objective of sustainable development being, to improve 
human well-being and to sustain these improvements over a period of time, remains the focus 
of Agenda - 21. 
C. Provisions Under Indian Constitution:
(a) Constitution of India:
The Constitution of India under Article 21 enshrine the ‘Right to Life’. This article in its wider 
interpretation encompasses ‘Right to clean environment’ as an important facet of ‘life’.
Further, Article 38 shoulders the State with the responsibility of maintaining social order 
for ensuring a welfare state. This is only possible with the people living in a pollution free 
environment.
Article-48A, inserted by the 42nd amendment to the Constitution of India, states “Protection 
and improvement of environment and safeguarding of forests and wild life- The State shall 
endeavour to protect and improve the environment and to safeguard the forests and wild life of 
the country’. 
It requires the State to adopt the Protectionist policy as well as Improvinistic Policy. Protectionist 
policy imposes ban on those things which lead to environmental degradation, e.g. ban on use of 
leaded petrol, ban on use of plastic bags etc. Improvinistic policy refers to alternatives that can 
be used for improvement of environment, e.g. use of CNG or low sulphur fuel, tree plantation 
in industrial areas etc.
A duty has also been imposed on all citizens to protect our environment. Article-51A(g) of the 
Indian Constitution says: “It shall be the duty of every citizen of India to protect and improve 
the natural environment including forests, lakes, rivers and wild life, and to have compassion 
for living creatures.”
(b) Legal Mechanism
The Constitution of India clearly endows a duty on the State to “protect and improve the 
environment and to safeguard the forests and wildlife of the country”. To strengthen environment 
protection at grassroot level it further imposes fundamental duty on every citizen “to protect 
and improve the natural environment including forests, lakes, rivers, and wildlife”. The State, 
indispensably has been directed by way of provision under Part III and Part IV to ensure the 
protection of environment by suitable legislations, regulations and otherwise. The Honorable 
Supreme Court in K. M. Chinnappa v. Union of India defined “ Environmental Law” as an 
instrument to protect and improve the environment and control or prevent any act or omission 
polluting or likely to pollute the environment.
It is with the enactment of Environment Protection Act, 1986 that a concrete step has been taken 
Page 4


Law and Sustainable Development
A. Introduction
What is Sustainable Development?
Sustainable Development is defined as economic development that meets the needs of the present 
without compromising  the ability of the future generations to meet their own needs. (United 
Nations General Assembly, 1987)
The  aim of sustainable development is to achieve long term economic growth by lowering 
the impact on the environment by reducing air, water and soil pollution, so that a better life is 
ensured for the future generations. 
Few examples of sustainable practices are harnessing solar energy to reduce pollution in the 
environment and planting different types of crops on the same land on a rotational basis for 
improving soil fertility.
What is Sustainable development in law?
Sustainable development is an approach to economic planning that attempts to foster economic 
growth while preserving the quality of the environment for future generations.
What are Sustainable Development Goals (SDGs)?
The Sustainable Development Goals (SDGs) are a collection of 17 interlinked goals that provide 
a shared blueprint for peace and prosperity for people and the planet, now and into the future. 
SDGs are also known as Global Goals. 
The SDG framework was adopted by the United Nations in 2015 as a universal call for action to: 
- protect the planet, 
- end poverty, and 
- ensure that all people enjoy peace and prosperity by 2030.
To achieve SDGs, the creativity, knowhow, technology and financial resources from all of society 
are necessary.
CHAPTER
4(A)
The 17 sustainable development goals (SDGs) to transform our world are:
GOAL 1: No 
Poverty
GOAL 2: Zero 
Hunger
GOAL 3: 
Good Health 
and Well-
being
GOAL 4: 
Quality 
Education
GOAL 5: 
Gender 
Equality
GOAL 6: 
Clean Water 
and Sanitation
GOAL 7: 
Affordable 
and Clean 
Energy
GOAL 8: 
Decent Work 
and Economic 
Growth
GOAL 9: 
Industry, 
Innovation 
and 
Infrastructure
GOAL 10: 
Reduced 
Inequality
GOAL 11: 
Sustainable 
Cities and 
Communities
GOAL 12: 
Responsible 
Consumption 
and 
Production
GOAL 13: 
Climate 
Action
GOAL 14: 
Life Below 
Water
GOAL 15: 
Life on Land
GOAL 16: 
Peace and 
Justice 
Strong 
Institutions
GOAL 17: 
Partnerships 
to achieve the 
Goal
Stockholm Declaration, 1972- The Stockholm Convention is a global treaty that aims to protect 
human health and the environment from the effects of persistent organic pollutants (POPs). 
It was the first convention to discuss environmental issues on a global scale. The declaration 
proclaims truths relating to man and the environment such as man is the creator and moulder 
of his surroundings. The declaration also reiterates the importance of preservation of the 
environment.
B. Initiatives Under International Scenario
(a) Rio Declaration 1992- Agenda 21
The United Nations Conference on Environment and Development (UNCED), also known 
as the ‘Earth Summit’ was held in Rio de Janerio, Brazil in 1992. The Conference marked the 
20th anniversary of the first ever International Human Environment Conference in Stockholm, 
Sweden, 1972. The Conference was attended by representatives from 179 countries to discuss the 
impact of human socio-economic activities on the environment. 
The objective of  Rio ‘Earth Summit’ was to formulate a blueprint for global action on environment 
and development issues. It recognised that integrating and balancing the economic, social and 
environmental concerns in meeting our needs is vital for sustaining human life on the planet 
Earth. This triggered action on part of governments from across the globe on how to ensure 
sustainability with development. 
The Earth Summit resulted in some major actions by countries from across the globe in the form 
of conventions and resolutions. To name a few:
• Agenda - 21
• UNFCCC - United Nations Framework Convention on Climate Change
• Convention on Biological Diversity
• The Declaration on the Principles of  Forest Management
• Commission on Sustainable Development
97
(b) Agenda 21
Agenda 21 was one of the most daring programs calling for action strategies. It focussed on new 
methods of education, new ways of preserving natural resources and new ways of participating 
in a sustainable economy. The implementation of Agenda -21 was reaffirmed in the World 
Summit on Sustainable Development held in Johannesburg, in 2002. 
Agenda 21 focuses on Community Participation as one of the major prerequisites for sustainable 
development. Attaining sustainability therefore requires addressing the fundamental issues 
and challenges pertaining to development at local, regional and global levels simultaneously 
by all segments of society. Thus the key objective of sustainable development being, to improve 
human well-being and to sustain these improvements over a period of time, remains the focus 
of Agenda - 21. 
C. Provisions Under Indian Constitution:
(a) Constitution of India:
The Constitution of India under Article 21 enshrine the ‘Right to Life’. This article in its wider 
interpretation encompasses ‘Right to clean environment’ as an important facet of ‘life’.
Further, Article 38 shoulders the State with the responsibility of maintaining social order 
for ensuring a welfare state. This is only possible with the people living in a pollution free 
environment.
Article-48A, inserted by the 42nd amendment to the Constitution of India, states “Protection 
and improvement of environment and safeguarding of forests and wild life- The State shall 
endeavour to protect and improve the environment and to safeguard the forests and wild life of 
the country’. 
It requires the State to adopt the Protectionist policy as well as Improvinistic Policy. Protectionist 
policy imposes ban on those things which lead to environmental degradation, e.g. ban on use of 
leaded petrol, ban on use of plastic bags etc. Improvinistic policy refers to alternatives that can 
be used for improvement of environment, e.g. use of CNG or low sulphur fuel, tree plantation 
in industrial areas etc.
A duty has also been imposed on all citizens to protect our environment. Article-51A(g) of the 
Indian Constitution says: “It shall be the duty of every citizen of India to protect and improve 
the natural environment including forests, lakes, rivers and wild life, and to have compassion 
for living creatures.”
(b) Legal Mechanism
The Constitution of India clearly endows a duty on the State to “protect and improve the 
environment and to safeguard the forests and wildlife of the country”. To strengthen environment 
protection at grassroot level it further imposes fundamental duty on every citizen “to protect 
and improve the natural environment including forests, lakes, rivers, and wildlife”. The State, 
indispensably has been directed by way of provision under Part III and Part IV to ensure the 
protection of environment by suitable legislations, regulations and otherwise. The Honorable 
Supreme Court in K. M. Chinnappa v. Union of India defined “ Environmental Law” as an 
instrument to protect and improve the environment and control or prevent any act or omission 
polluting or likely to pollute the environment.
It is with the enactment of Environment Protection Act, 1986 that a concrete step has been taken 
98
for combating modern day challenges in environment protection and improvement. Prior to 
the enactment of the Act, environment protection regime was more ‘regulatory’ in nature. At 
present, environment protection in India comprises of the following legislations and regulatory 
bodies. 
(c) Legal Framework
1. Environment Protection Act, 1986
2. Air (prevention and control of Pollution) Act, 1981
3. Water (prevention and control of Pollution) Act, 1974
4. The Noise Pollution (Regulation and Control) Rules, 2000
5. National Green Tribunal Act, 2010
6. Energy Conservation Act, 2001
D. Environment Protection Act, 1986
In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection 
Act of 1986 under Article 253 of the Constitution. The purpose of the Act is to implement the 
decisions of the United Nations Conference on the Human Environment, relating to the protection 
and improvement of the human environment and the prevention of hazards of human activities 
for economic development to human beings, other living creatures, plants and property. The 
Act is an “umbrella” legislation designed to provide a framework for the central government 
to coordinate the activities of various central and state authorities established under previous 
laws, such as the Water Act and the Air Act. India, like any other developing nation, is facing an 
alarming concern in environmental degradation due to economic activities. Control mechanisms 
to guard against slow, insidious build up of hazardous substances, especially new chemicals, in 
the environment are weak. 
E. Pollution Control Board 
(a) The Central Pollution Control Board:
The Central Pollution Control Board is a statutory organisation under The Ministry of 
Environment and Forest Protection. It is constituted under the Water (Prevention and Control of 
Pollution) Act, 1974.
Principal Functions of the CPCB have been spelt out in the Water (Prevention and Control of 
Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. Its broad 
functions include promoting cleanliness of streams and wells in different areas of the States by 
prevention, control and abatement of water pollution, and by improving the quality of air and 
to prevent, control or abate air pollution in the country. However, if we analyse the functions in 
detail, they may be summarised as follows:
• Advise the Central Government on any matter concerning prevention and control of water 
and air pollution and improvement of the quality of air;
• Plan and cause to be executed a nation-wide program for the prevention, control or 
abatement of water and air pollution;
• Coordinate the activities of the State Board and resolve disputes among them;
Page 5


Law and Sustainable Development
A. Introduction
What is Sustainable Development?
Sustainable Development is defined as economic development that meets the needs of the present 
without compromising  the ability of the future generations to meet their own needs. (United 
Nations General Assembly, 1987)
The  aim of sustainable development is to achieve long term economic growth by lowering 
the impact on the environment by reducing air, water and soil pollution, so that a better life is 
ensured for the future generations. 
Few examples of sustainable practices are harnessing solar energy to reduce pollution in the 
environment and planting different types of crops on the same land on a rotational basis for 
improving soil fertility.
What is Sustainable development in law?
Sustainable development is an approach to economic planning that attempts to foster economic 
growth while preserving the quality of the environment for future generations.
What are Sustainable Development Goals (SDGs)?
The Sustainable Development Goals (SDGs) are a collection of 17 interlinked goals that provide 
a shared blueprint for peace and prosperity for people and the planet, now and into the future. 
SDGs are also known as Global Goals. 
The SDG framework was adopted by the United Nations in 2015 as a universal call for action to: 
- protect the planet, 
- end poverty, and 
- ensure that all people enjoy peace and prosperity by 2030.
To achieve SDGs, the creativity, knowhow, technology and financial resources from all of society 
are necessary.
CHAPTER
4(A)
The 17 sustainable development goals (SDGs) to transform our world are:
GOAL 1: No 
Poverty
GOAL 2: Zero 
Hunger
GOAL 3: 
Good Health 
and Well-
being
GOAL 4: 
Quality 
Education
GOAL 5: 
Gender 
Equality
GOAL 6: 
Clean Water 
and Sanitation
GOAL 7: 
Affordable 
and Clean 
Energy
GOAL 8: 
Decent Work 
and Economic 
Growth
GOAL 9: 
Industry, 
Innovation 
and 
Infrastructure
GOAL 10: 
Reduced 
Inequality
GOAL 11: 
Sustainable 
Cities and 
Communities
GOAL 12: 
Responsible 
Consumption 
and 
Production
GOAL 13: 
Climate 
Action
GOAL 14: 
Life Below 
Water
GOAL 15: 
Life on Land
GOAL 16: 
Peace and 
Justice 
Strong 
Institutions
GOAL 17: 
Partnerships 
to achieve the 
Goal
Stockholm Declaration, 1972- The Stockholm Convention is a global treaty that aims to protect 
human health and the environment from the effects of persistent organic pollutants (POPs). 
It was the first convention to discuss environmental issues on a global scale. The declaration 
proclaims truths relating to man and the environment such as man is the creator and moulder 
of his surroundings. The declaration also reiterates the importance of preservation of the 
environment.
B. Initiatives Under International Scenario
(a) Rio Declaration 1992- Agenda 21
The United Nations Conference on Environment and Development (UNCED), also known 
as the ‘Earth Summit’ was held in Rio de Janerio, Brazil in 1992. The Conference marked the 
20th anniversary of the first ever International Human Environment Conference in Stockholm, 
Sweden, 1972. The Conference was attended by representatives from 179 countries to discuss the 
impact of human socio-economic activities on the environment. 
The objective of  Rio ‘Earth Summit’ was to formulate a blueprint for global action on environment 
and development issues. It recognised that integrating and balancing the economic, social and 
environmental concerns in meeting our needs is vital for sustaining human life on the planet 
Earth. This triggered action on part of governments from across the globe on how to ensure 
sustainability with development. 
The Earth Summit resulted in some major actions by countries from across the globe in the form 
of conventions and resolutions. To name a few:
• Agenda - 21
• UNFCCC - United Nations Framework Convention on Climate Change
• Convention on Biological Diversity
• The Declaration on the Principles of  Forest Management
• Commission on Sustainable Development
97
(b) Agenda 21
Agenda 21 was one of the most daring programs calling for action strategies. It focussed on new 
methods of education, new ways of preserving natural resources and new ways of participating 
in a sustainable economy. The implementation of Agenda -21 was reaffirmed in the World 
Summit on Sustainable Development held in Johannesburg, in 2002. 
Agenda 21 focuses on Community Participation as one of the major prerequisites for sustainable 
development. Attaining sustainability therefore requires addressing the fundamental issues 
and challenges pertaining to development at local, regional and global levels simultaneously 
by all segments of society. Thus the key objective of sustainable development being, to improve 
human well-being and to sustain these improvements over a period of time, remains the focus 
of Agenda - 21. 
C. Provisions Under Indian Constitution:
(a) Constitution of India:
The Constitution of India under Article 21 enshrine the ‘Right to Life’. This article in its wider 
interpretation encompasses ‘Right to clean environment’ as an important facet of ‘life’.
Further, Article 38 shoulders the State with the responsibility of maintaining social order 
for ensuring a welfare state. This is only possible with the people living in a pollution free 
environment.
Article-48A, inserted by the 42nd amendment to the Constitution of India, states “Protection 
and improvement of environment and safeguarding of forests and wild life- The State shall 
endeavour to protect and improve the environment and to safeguard the forests and wild life of 
the country’. 
It requires the State to adopt the Protectionist policy as well as Improvinistic Policy. Protectionist 
policy imposes ban on those things which lead to environmental degradation, e.g. ban on use of 
leaded petrol, ban on use of plastic bags etc. Improvinistic policy refers to alternatives that can 
be used for improvement of environment, e.g. use of CNG or low sulphur fuel, tree plantation 
in industrial areas etc.
A duty has also been imposed on all citizens to protect our environment. Article-51A(g) of the 
Indian Constitution says: “It shall be the duty of every citizen of India to protect and improve 
the natural environment including forests, lakes, rivers and wild life, and to have compassion 
for living creatures.”
(b) Legal Mechanism
The Constitution of India clearly endows a duty on the State to “protect and improve the 
environment and to safeguard the forests and wildlife of the country”. To strengthen environment 
protection at grassroot level it further imposes fundamental duty on every citizen “to protect 
and improve the natural environment including forests, lakes, rivers, and wildlife”. The State, 
indispensably has been directed by way of provision under Part III and Part IV to ensure the 
protection of environment by suitable legislations, regulations and otherwise. The Honorable 
Supreme Court in K. M. Chinnappa v. Union of India defined “ Environmental Law” as an 
instrument to protect and improve the environment and control or prevent any act or omission 
polluting or likely to pollute the environment.
It is with the enactment of Environment Protection Act, 1986 that a concrete step has been taken 
98
for combating modern day challenges in environment protection and improvement. Prior to 
the enactment of the Act, environment protection regime was more ‘regulatory’ in nature. At 
present, environment protection in India comprises of the following legislations and regulatory 
bodies. 
(c) Legal Framework
1. Environment Protection Act, 1986
2. Air (prevention and control of Pollution) Act, 1981
3. Water (prevention and control of Pollution) Act, 1974
4. The Noise Pollution (Regulation and Control) Rules, 2000
5. National Green Tribunal Act, 2010
6. Energy Conservation Act, 2001
D. Environment Protection Act, 1986
In the wake of the Bhopal Tragedy, the Government of India enacted the Environment Protection 
Act of 1986 under Article 253 of the Constitution. The purpose of the Act is to implement the 
decisions of the United Nations Conference on the Human Environment, relating to the protection 
and improvement of the human environment and the prevention of hazards of human activities 
for economic development to human beings, other living creatures, plants and property. The 
Act is an “umbrella” legislation designed to provide a framework for the central government 
to coordinate the activities of various central and state authorities established under previous 
laws, such as the Water Act and the Air Act. India, like any other developing nation, is facing an 
alarming concern in environmental degradation due to economic activities. Control mechanisms 
to guard against slow, insidious build up of hazardous substances, especially new chemicals, in 
the environment are weak. 
E. Pollution Control Board 
(a) The Central Pollution Control Board:
The Central Pollution Control Board is a statutory organisation under The Ministry of 
Environment and Forest Protection. It is constituted under the Water (Prevention and Control of 
Pollution) Act, 1974.
Principal Functions of the CPCB have been spelt out in the Water (Prevention and Control of 
Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. Its broad 
functions include promoting cleanliness of streams and wells in different areas of the States by 
prevention, control and abatement of water pollution, and by improving the quality of air and 
to prevent, control or abate air pollution in the country. However, if we analyse the functions in 
detail, they may be summarised as follows:
• Advise the Central Government on any matter concerning prevention and control of water 
and air pollution and improvement of the quality of air;
• Plan and cause to be executed a nation-wide program for the prevention, control or 
abatement of water and air pollution;
• Coordinate the activities of the State Board and resolve disputes among them;
99
• Provide technical assistance and guidance to the State Boards, carry out and sponsor 
investigation and research relating to problems of water and air pollution, and for their 
prevention, control or abatement;
• Plan and organise training of persons engaged in programme on the prevention, control or 
abatement of water and air pollution;
• Organise through mass media, a comprehensive mass awareness programme on the 
prevention, control or abatement of water and air pollution;
• Collect, compile and publish technical and statistical data relating to water and air pollution 
and the measures devised for their effective prevention, control or abatement;
• Prepare manuals, codes and guidelines relating to treatment and disposal of sewage and 
trade effluents as well as for stack gas cleaning devices, stacks and ducts;
• Disseminate information in respect of matters relating to water and air pollution and their 
prevention and control;
• Lay down, modify or annul, in consultation with the State Governments concerned, the 
standards for stream or well, and lay down standards for the quality of air; and
• Perform such other functions as may be prescribed by the Government of india.
(b) The State Pollution Control Boards
State Pollution Control Board is a statutory organisation established under the Water (Prevention 
and Control of Pollution) Act 1974, which works under the supervision of the Central Pollution 
Control Board to implement the environmental laws and rules within the respective state for the 
protection of the environment.
It is mandatory for every business, either new or existing, to obtain necessary authorization from 
the respective State Pollution Control Board in order to carry out the activities of the business in 
a State.  
Objectives:
• Preservation of natural resources
• Promotion of sustainable development for economic growth of the nation along with 
environmental protection and social equity.
• Effective waste management for the protection of the environment.
• Spreading Awareness about the protection of the environment among the consumers 
• Encouraging the general public for the use of environment-friendly products like paper 
bags, public transport, CFL, etc. to help reduce the environmental pollution
Functions of the Board
The broad functions of the Board are in line with the functions of the Central Board and aimed 
at  the prevention, abatement, and control of air and water pollution. Moreover, the primary 
motive is to assist the entrepreneurs and industries in the fulfilment of Corporate Environmental 
Responsibility (CER). The functions of the Board can be detailed as follows for further 
understanding:
• Issue NOC (No-Objection Certificates) from the perspective of the environmental pollution, 
including the adequacy of the site from the environmental angle.