Page 1 - Environmental Governance Architecture for India - Suggestions
P. 1
DISCUSSION PAPERT E R I P o l i c y B r i e f February 2016
The Energy and Resources Institute
Suggestions for an
Appropriate Environmental
Governance Architecture
for India
CONTENTS SUMMARY
• Introduction 2 The Discussion Paper examines the current architecture of the main environment related legislations,
namely the Environment (Protection) Act, 1986; Forest (Conservation) Act, 1980; The Wild Life
• The Constitutional Framework 2 (Protection) Act, 1972; The Water (Prevention and Control of Pollution) Act, 1974; and The Air
(Prevention and Control of Pollution) Act, 1981, in the context of the Constitutional provisions and
• Addressing the issue of ‘environment’ the evolution of approaches to better environmental management, including those emanating from
international conventions. The Paper concludes that the current approach has been unnecessarily and
as a subject in a federal situation 4 inappropriately centralizing in character and that is the main reason why the legislations have failed
in achieving the stated aims and objects.
• The current governance architecture 6
The Paper recommends that where forest-related issues are concerned:
• The National Environmental 14
Policy, 2006 • The more balanced and federal structure of the Wild Life (Protection)Act (after its amendment
in 2002) should be used as an example to amend the Forest (Conservation) Act, create National
• The High Level Committee (HLC) and State Forest Conservation Boards, and make it more effective in achieving its object.
Report: 15
• Provisions regarding levy of Net Present Value (NPV) and Compensatory Afforestation (CA)
• Analysis of the current framework for charges and their management and application and other guidelines issued pursuant to
Supreme Court directions should be appropriately built into the FC Act rather than into a separate
environmental governance 16 legislation or left as executive guidelines, and the National and State Forest Conservation Boards
should manage the Funds for compensatory afforestation activities.
• Desirable features of a governance
• The National and State Forest Boards and Wildlife Boards should be declared as ‘Authorities’
framework for the FC Act (and the CAF under the Environment (Protection) Act for purposes of forest and wildlife conservation, and to
enable coordination with impact assessment, identification of‘go,no-go’areas, cumulative and
Bill 2015) 18 regional impact assessments, etc.
• Desirable features of a governance 20 The Paper recommends that where environmental issues are concerned:
framework for the EP Act
• There is need for a single overarching legislation covering water, air, etc., for purposes of
• Other issues for consideration 24 protection and improving the environment. The Air (Prevention and Control of Pollution)
Act, 1981, also enacted under article 253, rather than the current EP Act, would be a more
• Conclusion on improving appropriate starting point insofar as institutional structures and mechanisms are concerned,
environmental governance frameworks 25 since it better reflects the federal character of the governance framework of the country.
• References 27 • The basic structure should comprise: (a) A State Environment Management Authority (SEMA)
at the State level, with accountability to the State legislature, and (b) A National Environment
• Appendix 28 Management Authority (NEMA) constituted by the Central Government with accountability to
Parliament.
Author
S Vijay Kumar, Distinguished Fellow, TERI.
With contribution from: R K Bansal
Former CEO, Sustainable Mining Initiative
Reviewers:
Dr Prodipto Ghosh, Distinguished Fellow,TERI.
Dr Suneel Pandey, Director, TERI
Dr Ritu Mathur, Director, TERI
Divya Datt, Associate Director, TERI
The Energy and Resources Institute
Darbari Seth Block, IHC Complex
Lodhi Road, New Delhi- 110 003
Tel. 2468 2100 or 4150 4900
Fax. 2468 2144 or 2468 2145
India +91 Delhi (0) 11
www.teriin.org
The Energy and Resources Institute
Suggestions for an
Appropriate Environmental
Governance Architecture
for India
CONTENTS SUMMARY
• Introduction 2 The Discussion Paper examines the current architecture of the main environment related legislations,
namely the Environment (Protection) Act, 1986; Forest (Conservation) Act, 1980; The Wild Life
• The Constitutional Framework 2 (Protection) Act, 1972; The Water (Prevention and Control of Pollution) Act, 1974; and The Air
(Prevention and Control of Pollution) Act, 1981, in the context of the Constitutional provisions and
• Addressing the issue of ‘environment’ the evolution of approaches to better environmental management, including those emanating from
international conventions. The Paper concludes that the current approach has been unnecessarily and
as a subject in a federal situation 4 inappropriately centralizing in character and that is the main reason why the legislations have failed
in achieving the stated aims and objects.
• The current governance architecture 6
The Paper recommends that where forest-related issues are concerned:
• The National Environmental 14
Policy, 2006 • The more balanced and federal structure of the Wild Life (Protection)Act (after its amendment
in 2002) should be used as an example to amend the Forest (Conservation) Act, create National
• The High Level Committee (HLC) and State Forest Conservation Boards, and make it more effective in achieving its object.
Report: 15
• Provisions regarding levy of Net Present Value (NPV) and Compensatory Afforestation (CA)
• Analysis of the current framework for charges and their management and application and other guidelines issued pursuant to
Supreme Court directions should be appropriately built into the FC Act rather than into a separate
environmental governance 16 legislation or left as executive guidelines, and the National and State Forest Conservation Boards
should manage the Funds for compensatory afforestation activities.
• Desirable features of a governance
• The National and State Forest Boards and Wildlife Boards should be declared as ‘Authorities’
framework for the FC Act (and the CAF under the Environment (Protection) Act for purposes of forest and wildlife conservation, and to
enable coordination with impact assessment, identification of‘go,no-go’areas, cumulative and
Bill 2015) 18 regional impact assessments, etc.
• Desirable features of a governance 20 The Paper recommends that where environmental issues are concerned:
framework for the EP Act
• There is need for a single overarching legislation covering water, air, etc., for purposes of
• Other issues for consideration 24 protection and improving the environment. The Air (Prevention and Control of Pollution)
Act, 1981, also enacted under article 253, rather than the current EP Act, would be a more
• Conclusion on improving appropriate starting point insofar as institutional structures and mechanisms are concerned,
environmental governance frameworks 25 since it better reflects the federal character of the governance framework of the country.
• References 27 • The basic structure should comprise: (a) A State Environment Management Authority (SEMA)
at the State level, with accountability to the State legislature, and (b) A National Environment
• Appendix 28 Management Authority (NEMA) constituted by the Central Government with accountability to
Parliament.
Author
S Vijay Kumar, Distinguished Fellow, TERI.
With contribution from: R K Bansal
Former CEO, Sustainable Mining Initiative
Reviewers:
Dr Prodipto Ghosh, Distinguished Fellow,TERI.
Dr Suneel Pandey, Director, TERI
Dr Ritu Mathur, Director, TERI
Divya Datt, Associate Director, TERI
The Energy and Resources Institute
Darbari Seth Block, IHC Complex
Lodhi Road, New Delhi- 110 003
Tel. 2468 2100 or 4150 4900
Fax. 2468 2144 or 2468 2145
India +91 Delhi (0) 11
www.teriin.org
