Page 29 - Environmental Governance Architecture for India - Suggestions
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Discussion Paper
and cross-sectoral policies, through review (Protection) Act, and Genetic Engineering Approval
and consultation, in line with the National Committee (GEAC) Rules under the Environment
Environment Policy Protection Act. The objective is to reduce delays and
b) Identify emerging areas for new legislation, due levels of decision-making, realize decentralization
to better scientific understanding, economic of environmental functions, and ensure greater
and social development, and development of transparency and accountability.
multilateral environmental regimes, in line with In addition, the following actions will be taken:
the National Environment Policy. a) In order to ensure faster decision making with
c) Review the body of existing legislation in order
to develop synergies among relevant statutes greater transparency, and access to information,
and regulations, eliminate obsolescence, and use of information technology based tools will
amalgamate provisions with similar objectives, in be promoted, together with necessary capacity-
line with the National Environment Policy. Further, building, under all action plans.
encourage and facilitate review of legislation at b) In order to realize greater decentralization,
the level of State and Local Governments with State level agencies may be given greater
a view to ensuring their consistency with this responsibility for environmental regulation
policy. and management. Such empowerment must,
d) Take steps to adopt and institutionalize however, be premised on increased transparency,
techniques for environmental assessment of accountability, scientific and managerial capacity,
sector policies and programmes to address any and independence in regulatory decision making
potential adverse impacts, and enhance potential and enforcement action. Accordingly, States
favourable impacts. would be encouraged to set up Environment
e) Ensure accountability of the concerned levels of Protection Authorities on this basis.
Government (Centre, State, Local) in undertaking c) Mechanisms and processes would be set up
the necessary legislative changes in a defined to identify entities of “Incomparable Value” in
time-frame, with due regard to the Objectives different regions. It would be ensured that all
and Principles of National Environment Policy, regulatory mechanisms are legally empowered
in particular, ensuring the livelihoods and well- to follow the principles of good governance
being of the poor by ensuring improved access
to the necessary environmental resources. (ii) Framework for Legal Action:
The present approach to dealing with environmentally
5.1.2 Process Related Reforms: unacceptable behaviour in India has been largely
based on criminal processes and sanctions. Although
(i) Approach: criminal sanctions, if successful, may create a deterrent
TherecommendationsoftheCommitteeonReforming impact, in reality they are rarely fruitful for a number of
Investment Approval and Implementation Procedures reasons. On the other hand, giving unfettered powers
(The Govindarajan Committee) which identified to enforcement authorities may lead to rent-seeking.
delays in environment and forest clearances as the
largest source of delays in development projects will Civil law, on the other hand, offers flexibility,
be followed for reviewing the existing procedures for and its sanctions can be more effectively tailored to
granting clearances and other approvals under various particular situations. The evidentiary burdens of civil
statutes and rules. These include the Environment proceedings are less daunting than those of criminal
Protection Act, Forest Conservation Act, the Water law. It also allows for preventive policing through
(Prevention and Control of Pollution) Act, the Air orders and injunctions.
(Prevention and Control of Pollution) Act, the Wild Life
Accordingly, a judicious mix of civil and criminal
processes and sanctions will be employed in the legal
FEBRUARY 2016 29
and cross-sectoral policies, through review (Protection) Act, and Genetic Engineering Approval
and consultation, in line with the National Committee (GEAC) Rules under the Environment
Environment Policy Protection Act. The objective is to reduce delays and
b) Identify emerging areas for new legislation, due levels of decision-making, realize decentralization
to better scientific understanding, economic of environmental functions, and ensure greater
and social development, and development of transparency and accountability.
multilateral environmental regimes, in line with In addition, the following actions will be taken:
the National Environment Policy. a) In order to ensure faster decision making with
c) Review the body of existing legislation in order
to develop synergies among relevant statutes greater transparency, and access to information,
and regulations, eliminate obsolescence, and use of information technology based tools will
amalgamate provisions with similar objectives, in be promoted, together with necessary capacity-
line with the National Environment Policy. Further, building, under all action plans.
encourage and facilitate review of legislation at b) In order to realize greater decentralization,
the level of State and Local Governments with State level agencies may be given greater
a view to ensuring their consistency with this responsibility for environmental regulation
policy. and management. Such empowerment must,
d) Take steps to adopt and institutionalize however, be premised on increased transparency,
techniques for environmental assessment of accountability, scientific and managerial capacity,
sector policies and programmes to address any and independence in regulatory decision making
potential adverse impacts, and enhance potential and enforcement action. Accordingly, States
favourable impacts. would be encouraged to set up Environment
e) Ensure accountability of the concerned levels of Protection Authorities on this basis.
Government (Centre, State, Local) in undertaking c) Mechanisms and processes would be set up
the necessary legislative changes in a defined to identify entities of “Incomparable Value” in
time-frame, with due regard to the Objectives different regions. It would be ensured that all
and Principles of National Environment Policy, regulatory mechanisms are legally empowered
in particular, ensuring the livelihoods and well- to follow the principles of good governance
being of the poor by ensuring improved access
to the necessary environmental resources. (ii) Framework for Legal Action:
The present approach to dealing with environmentally
5.1.2 Process Related Reforms: unacceptable behaviour in India has been largely
based on criminal processes and sanctions. Although
(i) Approach: criminal sanctions, if successful, may create a deterrent
TherecommendationsoftheCommitteeonReforming impact, in reality they are rarely fruitful for a number of
Investment Approval and Implementation Procedures reasons. On the other hand, giving unfettered powers
(The Govindarajan Committee) which identified to enforcement authorities may lead to rent-seeking.
delays in environment and forest clearances as the
largest source of delays in development projects will Civil law, on the other hand, offers flexibility,
be followed for reviewing the existing procedures for and its sanctions can be more effectively tailored to
granting clearances and other approvals under various particular situations. The evidentiary burdens of civil
statutes and rules. These include the Environment proceedings are less daunting than those of criminal
Protection Act, Forest Conservation Act, the Water law. It also allows for preventive policing through
(Prevention and Control of Pollution) Act, the Air orders and injunctions.
(Prevention and Control of Pollution) Act, the Wild Life
Accordingly, a judicious mix of civil and criminal
processes and sanctions will be employed in the legal
FEBRUARY 2016 29
