Page 5 - Environmental Governance Architecture for India - Suggestions
P. 5
Discussion Paper
environment and to safeguard the forests and environmental management and governance can be
wildlife of the country’. improved in a context where there is a widespread
In the newly created Part IVA,‘Fundamental feeling that the current architecture is inefficient and
Duties’, a new article, article 51A was inserted, ineffective in balancing the needs of socio-economic
making it the duty of every citizen of India to, inter- development with the imperative of protecting the
alia, ‘protect and improve the natural environment environment. Some of the issues that need to be
including forests, lakes, rivers and wildlife.’ addressed in this process are:
In List III (Concurrent List) of the Seventh Schedule, What should be the overall framework in
two new entries were inserted, namely: “17A:
Forests” and “17B: protection of wild animals and Constitutional terms, in respect of Central
birds” and the corresponding entries 19 and 20 in and State (including Panchayat and Municipal)
List II (State List) were omitted. responsibilities;
How should the governance and regulatory
It may be noted that though the subject of ‘forests’ systems be fashioned so as to balance socio-
and even ‘protection of wild animals and birds’ was economic and environmental requirements in a
moved from the State List to the Concurrent List, the democratic context and in a situation of regional
subject of “environment”, though mentioned in the as well as social disparities; and
newly inserted articles 48A and 51A was not inserted How should the approach be made science-based
into the Concurrent List at the same time, an omission as well as socially inclusive.
which cannot be deemed to be either unintentional or
insignificant. As will be evident from the discussion Given that ‘environment’ as a subject does not
below, the difficulties with attempting to incorporate explicitly figure in the Seventh Schedule, an important
‘environment’ as a subject in any of the Lists, probably, consideration is to analyse the extent to which any
was the reason for the omission. such governance framework (including the current
one) is aligned with the Constitutional provisions and
In the 1970s, and even in the 1980s, sectoral the current distribution of subjects, and in particular,
governance systems in the States were not so well whether:
developed, and the Central Government had to take for all intents and purposes, “environment” can
national ownership for an evolving subject whose
nature and extent were not fully understood. As and should be treated as a Central subject in terms
the body of knowledge grows, the multi-disciplinary of article 248 ( read with entry 97 of the Central
and interdisciplinary linkages are becoming clearer. List) which provides for Parliament to make law
In some sectors, they are not only complex, but for any subject not mentioned in the State and
understanding the complexity and evaluating the Concurrent List;
nature and appropriateness of the response and the provisions of article 253 which provides
identifying the best manner to deliver the response, for Parliament to make law in furtherance of
both mitigative and adaptive, is key to being able to international treaties and commitments are
address the environmental issues. adequate as has been the experience in the past
in respect of the Air Act and EP Act; and
To the extent that through the accumulation of given the deep links between “environment” and
knowledge and experience and the development of many of the subjects in the State list ( including
capacity, State-level governance systems now have land, water, industry, public health, agriculture
better potential, and new local governance systems and related activities), the architecture needs to
(Panchayats and Municipalities) have also been be more layered , involving a combination of a
created, the question is whether applying federal Framework which meets international obligations
(and subsidiarity) principles, the architecture for and provides legislative teeth in respect of matters
FEBRUARY 2016 5
environment and to safeguard the forests and environmental management and governance can be
wildlife of the country’. improved in a context where there is a widespread
In the newly created Part IVA,‘Fundamental feeling that the current architecture is inefficient and
Duties’, a new article, article 51A was inserted, ineffective in balancing the needs of socio-economic
making it the duty of every citizen of India to, inter- development with the imperative of protecting the
alia, ‘protect and improve the natural environment environment. Some of the issues that need to be
including forests, lakes, rivers and wildlife.’ addressed in this process are:
In List III (Concurrent List) of the Seventh Schedule, What should be the overall framework in
two new entries were inserted, namely: “17A:
Forests” and “17B: protection of wild animals and Constitutional terms, in respect of Central
birds” and the corresponding entries 19 and 20 in and State (including Panchayat and Municipal)
List II (State List) were omitted. responsibilities;
How should the governance and regulatory
It may be noted that though the subject of ‘forests’ systems be fashioned so as to balance socio-
and even ‘protection of wild animals and birds’ was economic and environmental requirements in a
moved from the State List to the Concurrent List, the democratic context and in a situation of regional
subject of “environment”, though mentioned in the as well as social disparities; and
newly inserted articles 48A and 51A was not inserted How should the approach be made science-based
into the Concurrent List at the same time, an omission as well as socially inclusive.
which cannot be deemed to be either unintentional or
insignificant. As will be evident from the discussion Given that ‘environment’ as a subject does not
below, the difficulties with attempting to incorporate explicitly figure in the Seventh Schedule, an important
‘environment’ as a subject in any of the Lists, probably, consideration is to analyse the extent to which any
was the reason for the omission. such governance framework (including the current
one) is aligned with the Constitutional provisions and
In the 1970s, and even in the 1980s, sectoral the current distribution of subjects, and in particular,
governance systems in the States were not so well whether:
developed, and the Central Government had to take for all intents and purposes, “environment” can
national ownership for an evolving subject whose
nature and extent were not fully understood. As and should be treated as a Central subject in terms
the body of knowledge grows, the multi-disciplinary of article 248 ( read with entry 97 of the Central
and interdisciplinary linkages are becoming clearer. List) which provides for Parliament to make law
In some sectors, they are not only complex, but for any subject not mentioned in the State and
understanding the complexity and evaluating the Concurrent List;
nature and appropriateness of the response and the provisions of article 253 which provides
identifying the best manner to deliver the response, for Parliament to make law in furtherance of
both mitigative and adaptive, is key to being able to international treaties and commitments are
address the environmental issues. adequate as has been the experience in the past
in respect of the Air Act and EP Act; and
To the extent that through the accumulation of given the deep links between “environment” and
knowledge and experience and the development of many of the subjects in the State list ( including
capacity, State-level governance systems now have land, water, industry, public health, agriculture
better potential, and new local governance systems and related activities), the architecture needs to
(Panchayats and Municipalities) have also been be more layered , involving a combination of a
created, the question is whether applying federal Framework which meets international obligations
(and subsidiarity) principles, the architecture for and provides legislative teeth in respect of matters
FEBRUARY 2016 5
