Page 9 - Environmental Governance Architecture for India - Suggestions
P. 9
Discussion Paper
to the main Act consequent to the amendment are Central Government representatives, as well as 5
shown in Box 5 in italics. representatives of State Boards; and State Pollution
Control Boards under the State Governments, with
The Water (Prevention and Control of Members being appointed by the State Governments.
Pollution) Act, 1974 (in short the ‘Water Act) Importantly, the functions of the Central Board and
the State Boards are laid out in detail, providing for
The Water Act is perhaps the first of the ’environmental’ operational responsibility for the State Boards and the
Acts which deal explicitly with pollution and the need responsibility of the Central Board being of advising
to prevent and control it. Significantly, the legislation and coordinating activities. Rule-making powers are
is based on a Resolution of the Legislature of 12 also vested with the respective Governments.
States, invoking article 252. In fact, in the preamble
to the Act, it is stated that ‘AND WHEREAS Parliament The Central Government also enacted the Water
has no powers to make laws for any of the matters (Prevention and Control of Pollution) Cess Act,
aforesaid…’ The fact that “environment” was not a 1977, leveraging the earlier-mentioned Resolution
subject in the Seventh Schedule, and that the object of the 12 States under article 252,to provide for a
of the environmental regulation was ‘water’, a State cess on consumption of water by industries and local
subject, was presumably the reason for this statement. authorities to augment the resources of the Central
Equally significant is the fact that despite the fact that Board and State Boards constituted under the Water
this Act was passed in 1974, the 42nd Constitutional Act, 1974.The cess is collected by the States, remitted
Amendment Act, passed soon after, in 1976, did not to the Consolidated Fund of India, and distributed by
seek to insert the subject of ‘environment’ in the the Central Government to the States, having regard
Central or Concurrent list, even though ‘forests’ and in part, to the collection made by the State.
‘wildlife’ were being moved from the State List to the
Concurrent List through the amendment. The Air (Prevention and Control of Pollution)
Act, 1981 (in short, the ‘Air Act’)
The architecture of the Act, no doubt influenced
by these circumstances, is as given in Box 6 and At the United Nations Conference on the Human
essentially envisages a Central Pollution Control Environment held in Stockholm in June 1972, (called
Board under the Central Government consisting of Stockholm Conference in short),decisions were
BOX 5 :THE WILD LIFE PROTECTION ACT 1972
• A Director of Wild Life Preservation in the Central Government ( section 3)
• A Chief Wild Life Warden at State level, appointed by the State Government (section 4)
• A State level Wild Life Advisory Board, constituted by the State Government (section 6), with responsibility for the selection of areas to be declared
as sanctuaries, National Parks, and closed areas and their administration; and formulation of the policy for protection and conservation of wildlife
and specified plants (section 8).Advisory Board replaced with a State Wild Life Board chaired by Chief Minister ;and a National Board chaired by Prime
Minister created by amendment of 2002.
• Declaration by State Government of Sanctuaries (section 18), closed area (section 37).
• Declaration by Central Government of Sanctuaries in areas leased or transferred to it by State Government, and control by Director Wild Life
Preservation of such areas (section 38)
• Director Wild Life Preservation (or officer authorized by him), Chief Wild Life Warden (or officer authorized by him), etc., have power of entry,
search, arrest, and detention (section 50)
• State Government or ChiefWild LifeWarden has power to compound (section 54), and Courts to take cognizance only on his complaint (section 56)
• Operation of other laws not barred (section 56)
• Central Government can make Rules under the Act with respect to licences for trophies and animal articles, and purchase of animals and Sanctuaries
declared by Central Government (section 63); State Government to make Rules in respect of all other matters (section 64)
FEBRUARY 2016 9
to the main Act consequent to the amendment are Central Government representatives, as well as 5
shown in Box 5 in italics. representatives of State Boards; and State Pollution
Control Boards under the State Governments, with
The Water (Prevention and Control of Members being appointed by the State Governments.
Pollution) Act, 1974 (in short the ‘Water Act) Importantly, the functions of the Central Board and
the State Boards are laid out in detail, providing for
The Water Act is perhaps the first of the ’environmental’ operational responsibility for the State Boards and the
Acts which deal explicitly with pollution and the need responsibility of the Central Board being of advising
to prevent and control it. Significantly, the legislation and coordinating activities. Rule-making powers are
is based on a Resolution of the Legislature of 12 also vested with the respective Governments.
States, invoking article 252. In fact, in the preamble
to the Act, it is stated that ‘AND WHEREAS Parliament The Central Government also enacted the Water
has no powers to make laws for any of the matters (Prevention and Control of Pollution) Cess Act,
aforesaid…’ The fact that “environment” was not a 1977, leveraging the earlier-mentioned Resolution
subject in the Seventh Schedule, and that the object of the 12 States under article 252,to provide for a
of the environmental regulation was ‘water’, a State cess on consumption of water by industries and local
subject, was presumably the reason for this statement. authorities to augment the resources of the Central
Equally significant is the fact that despite the fact that Board and State Boards constituted under the Water
this Act was passed in 1974, the 42nd Constitutional Act, 1974.The cess is collected by the States, remitted
Amendment Act, passed soon after, in 1976, did not to the Consolidated Fund of India, and distributed by
seek to insert the subject of ‘environment’ in the the Central Government to the States, having regard
Central or Concurrent list, even though ‘forests’ and in part, to the collection made by the State.
‘wildlife’ were being moved from the State List to the
Concurrent List through the amendment. The Air (Prevention and Control of Pollution)
Act, 1981 (in short, the ‘Air Act’)
The architecture of the Act, no doubt influenced
by these circumstances, is as given in Box 6 and At the United Nations Conference on the Human
essentially envisages a Central Pollution Control Environment held in Stockholm in June 1972, (called
Board under the Central Government consisting of Stockholm Conference in short),decisions were
BOX 5 :THE WILD LIFE PROTECTION ACT 1972
• A Director of Wild Life Preservation in the Central Government ( section 3)
• A Chief Wild Life Warden at State level, appointed by the State Government (section 4)
• A State level Wild Life Advisory Board, constituted by the State Government (section 6), with responsibility for the selection of areas to be declared
as sanctuaries, National Parks, and closed areas and their administration; and formulation of the policy for protection and conservation of wildlife
and specified plants (section 8).Advisory Board replaced with a State Wild Life Board chaired by Chief Minister ;and a National Board chaired by Prime
Minister created by amendment of 2002.
• Declaration by State Government of Sanctuaries (section 18), closed area (section 37).
• Declaration by Central Government of Sanctuaries in areas leased or transferred to it by State Government, and control by Director Wild Life
Preservation of such areas (section 38)
• Director Wild Life Preservation (or officer authorized by him), Chief Wild Life Warden (or officer authorized by him), etc., have power of entry,
search, arrest, and detention (section 50)
• State Government or ChiefWild LifeWarden has power to compound (section 54), and Courts to take cognizance only on his complaint (section 56)
• Operation of other laws not barred (section 56)
• Central Government can make Rules under the Act with respect to licences for trophies and animal articles, and purchase of animals and Sanctuaries
declared by Central Government (section 63); State Government to make Rules in respect of all other matters (section 64)
FEBRUARY 2016 9
