Page 4 - Environmental Governance Architecture for India - Suggestions
P. 4
Discussion Paper
BOX 1: CENTRAL SUBJECTS India Act 1919 and 1935 to the Constitution of India,
• Participation in international conferences and implementing treaties, 1950. In particular:
Subjects such as land are left to the States.
agreements etc with foreign countries (13); Subjects that require a national uniformity of
• Railways(22),National Highways(23), National Waterways(24),
approach like airways and railways are in the
Airways(29) Central domain.
• Industries (under Union control)(52) Subjects which have an inter-State character like
• Regulation of oilfields (53) spread of infectious diseases are in the Concurrent
• Fishing beyond territorial waters (57) list; and
• GSI, BSI, and ZSI (68) Subjects which may have elements of national
• Meteorological organizations (68) interest are managed by a special formulation that
• Inter-State migration and inter-State quarantine (81) provides for the subject to be in the State list,
• Any other matter not enumerated in List II (State List) or List III ( subject to the power of Parliament to carve out a
portion for central control (e.g national highways
Concurrent List) including any tax (97) and waterways, mineral development, industry,
(The number in brackets appearing against a subject is the serial number of etc). This is a stronger formulation than putting
the entry in the Union list in the Seventh Schedule.) the subject in the Concurrent List, as it ousts
State competence to make law to the extent that
BOX 2: STATE SUBJECTS Parliament reserves to itself.
• Land (18) and Water (17) Clearly, addressing the issue of ‘environment’
• Public health(6), agriculture(14), livestock(15), fisheries (21) for purpose of environmental governance must be
• Industries (other than Defence or under Union control by law) (24) aligned, and in consonance, with this basic approach
• (Forests and protection of wild animals and birds was a State subject of the Constitutional framework, not only from a
constitutional point of view but also because this
till 1976) would place it more conformably with a framework
that has stood the test of time.
(The number in brackets appearing against a subject is the serial number of
the entry in the State list in the Seventh Schedule.) 3. Addressing the issue of ‘environment’ as a
subject in a federal situation
BOX 3: CONCURRENT SUBJECTS
• Forests (17A), protection of wild animals and birds (17B) The Constitution (42nd Amendment) Act, 1976, was
• Regulation of Inter-State waterways and river valleys (56) in many ways a watershed event. The amendments to
• Inter-State spread of infectious diseases (29) the Constitution covered a wide scope, and one of the
• Mechanically propelled vehicles (35) stated objects was to make the Directive Principles
• Factories (36),boilers (37) more comprehensive and give them precedence over
• Electricity (38) Fundamental Rights so as to facilitate socio-economic
• Mines and minerals (23) (actually State, but with the Central reforms. Among other things, the amendment created
a new Part to the Constitution, Part IV A, called
Government having power to legislate in public interest (54)); ‘Fundamental Duties’. In respect of environmental
• Economic and social planning (20) matters, the Act made the following changes to the
Constitution:
(The number in brackets appearing against a subject is the serial number A new article, article 48A was inserted in the
of the entry in the Concurrent list in the Seventh Schedule)
Directive Principles which stated that ‘The State
shall endeavour to protect and improve the
4 FEBRUARY 2016
BOX 1: CENTRAL SUBJECTS India Act 1919 and 1935 to the Constitution of India,
• Participation in international conferences and implementing treaties, 1950. In particular:
Subjects such as land are left to the States.
agreements etc with foreign countries (13); Subjects that require a national uniformity of
• Railways(22),National Highways(23), National Waterways(24),
approach like airways and railways are in the
Airways(29) Central domain.
• Industries (under Union control)(52) Subjects which have an inter-State character like
• Regulation of oilfields (53) spread of infectious diseases are in the Concurrent
• Fishing beyond territorial waters (57) list; and
• GSI, BSI, and ZSI (68) Subjects which may have elements of national
• Meteorological organizations (68) interest are managed by a special formulation that
• Inter-State migration and inter-State quarantine (81) provides for the subject to be in the State list,
• Any other matter not enumerated in List II (State List) or List III ( subject to the power of Parliament to carve out a
portion for central control (e.g national highways
Concurrent List) including any tax (97) and waterways, mineral development, industry,
(The number in brackets appearing against a subject is the serial number of etc). This is a stronger formulation than putting
the entry in the Union list in the Seventh Schedule.) the subject in the Concurrent List, as it ousts
State competence to make law to the extent that
BOX 2: STATE SUBJECTS Parliament reserves to itself.
• Land (18) and Water (17) Clearly, addressing the issue of ‘environment’
• Public health(6), agriculture(14), livestock(15), fisheries (21) for purpose of environmental governance must be
• Industries (other than Defence or under Union control by law) (24) aligned, and in consonance, with this basic approach
• (Forests and protection of wild animals and birds was a State subject of the Constitutional framework, not only from a
constitutional point of view but also because this
till 1976) would place it more conformably with a framework
that has stood the test of time.
(The number in brackets appearing against a subject is the serial number of
the entry in the State list in the Seventh Schedule.) 3. Addressing the issue of ‘environment’ as a
subject in a federal situation
BOX 3: CONCURRENT SUBJECTS
• Forests (17A), protection of wild animals and birds (17B) The Constitution (42nd Amendment) Act, 1976, was
• Regulation of Inter-State waterways and river valleys (56) in many ways a watershed event. The amendments to
• Inter-State spread of infectious diseases (29) the Constitution covered a wide scope, and one of the
• Mechanically propelled vehicles (35) stated objects was to make the Directive Principles
• Factories (36),boilers (37) more comprehensive and give them precedence over
• Electricity (38) Fundamental Rights so as to facilitate socio-economic
• Mines and minerals (23) (actually State, but with the Central reforms. Among other things, the amendment created
a new Part to the Constitution, Part IV A, called
Government having power to legislate in public interest (54)); ‘Fundamental Duties’. In respect of environmental
• Economic and social planning (20) matters, the Act made the following changes to the
Constitution:
(The number in brackets appearing against a subject is the serial number A new article, article 48A was inserted in the
of the entry in the Concurrent list in the Seventh Schedule)
Directive Principles which stated that ‘The State
shall endeavour to protect and improve the
4 FEBRUARY 2016
