Page 10 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 10
DISCUSSION PAPER
The Water (Prevention and Control of Pollution) Act, abolished (along with 12 other cesses) through the
1974, (in short the “Water Act”) Taxation Laws (Amendment) Act 2017. It is however
The Water Act is perhaps the first of the beyond the scope of the present paper to discuss the
“environmental” legislations in India which deal impact on the Central and State Boards).
explicitly with pollution and the need to prevent
and control it. Significantly, the legislation is based The Air (Prevention and Control of Pollution) Act
on a Resolution of the Legislature of 12 States, 1981 (in short, the “Air Act”)
invoking article 252. In fact in the preamble to the
Act it is stated that “AND WHEREAS Parliament At the United Nations Conference on the Human
has no powers to make laws for any of the matters Environment held in Stockholm in June 1972 (known
aforesaid…” The fact that “environment” was not a as Stockholm Conference in short), decisions
subject in the Seventh Schedule, and that the object were taken “to take appropriate steps for the
of the environmental regulation was “water”, a State preservation of the natural resources of the earth
subject, was presumably the reason for this statement. which among other things, include the preservation
Equally significant is the fact that despite the fact that of the quality of air and control of air pollution”. The
this Act was passed in 1974, the 42nd Constitutional Air Act was conceived to implement the decisions
Amendment Act, passed soon after, in 1976, did not of the Conference in so far as they relate to the
seek to insert the subject of “environment” in the preservation of the quality of air and control of air
Central or Concurrent list, even though “forests” pollution. The Statement of Object and Reasons
and “wildlife” were being moved from the State List appended to the Bill introduced in Parliament
to the Concurrent List through the amendment. referred to the need for an integrated approach to
tackle environmental problems relating to pollution
The architecture of the Act, no doubt influenced as the reason for proposing that the Central Board
by these circumstances, is as given in Box 6 and and, where constituted, State Boards under the
essentially envisages a Central Pollution Control Water Act 1974, should perform the functions under
Board under the Central Government consisting of the Air Act.
Central Government representatives, as well as five
representatives of State Boards; and State Pollution Since the Central Board and State Boards (where
Control Boards under the State Governments, with they stood created) under the Water Act were adopted
Members being appointed by the State Governments. as institutions in the Air Act, the overall architecture
Importantly, the functions of the Central Board and and federal relationship emanating from the Water
the State Boards are laid out in detail, providing for Act was imported into the Air Act, even though it was
operational responsibility for the State Boards and the enacted pursuant to Article 253 of the Constitution
responsibility of the Central Board being of advising (giving effect to international agreements) rather than
and coordinating activities. Rule-making powers are Article 252 (common law for two or more States on a
also vested with the respective governments. State subject). Box 7 provides the details. The fact that
The Central Government also enacted the Water
(Prevention and Control of Pollution) Cess Act 1977,
leveraging the earlier-mentioned Resolution of the
12 States under Article 252, to provide for a cess
on consumption of water by industries and local
authorities to augment the resources of the Central
Board and State Boards constituted under the Water
Act, 1974.The cess is collected by the States, remitted
to the Consolidated Fund of India, and distributed
by the Central Government to the States, having
regard in part, to the collection made by the State
(the implementation of the Goods and Services Tax
(GST) from July 2017 has resulted in the cess being
10 OCTOBER 2017
The Water (Prevention and Control of Pollution) Act, abolished (along with 12 other cesses) through the
1974, (in short the “Water Act”) Taxation Laws (Amendment) Act 2017. It is however
The Water Act is perhaps the first of the beyond the scope of the present paper to discuss the
“environmental” legislations in India which deal impact on the Central and State Boards).
explicitly with pollution and the need to prevent
and control it. Significantly, the legislation is based The Air (Prevention and Control of Pollution) Act
on a Resolution of the Legislature of 12 States, 1981 (in short, the “Air Act”)
invoking article 252. In fact in the preamble to the
Act it is stated that “AND WHEREAS Parliament At the United Nations Conference on the Human
has no powers to make laws for any of the matters Environment held in Stockholm in June 1972 (known
aforesaid…” The fact that “environment” was not a as Stockholm Conference in short), decisions
subject in the Seventh Schedule, and that the object were taken “to take appropriate steps for the
of the environmental regulation was “water”, a State preservation of the natural resources of the earth
subject, was presumably the reason for this statement. which among other things, include the preservation
Equally significant is the fact that despite the fact that of the quality of air and control of air pollution”. The
this Act was passed in 1974, the 42nd Constitutional Air Act was conceived to implement the decisions
Amendment Act, passed soon after, in 1976, did not of the Conference in so far as they relate to the
seek to insert the subject of “environment” in the preservation of the quality of air and control of air
Central or Concurrent list, even though “forests” pollution. The Statement of Object and Reasons
and “wildlife” were being moved from the State List appended to the Bill introduced in Parliament
to the Concurrent List through the amendment. referred to the need for an integrated approach to
tackle environmental problems relating to pollution
The architecture of the Act, no doubt influenced as the reason for proposing that the Central Board
by these circumstances, is as given in Box 6 and and, where constituted, State Boards under the
essentially envisages a Central Pollution Control Water Act 1974, should perform the functions under
Board under the Central Government consisting of the Air Act.
Central Government representatives, as well as five
representatives of State Boards; and State Pollution Since the Central Board and State Boards (where
Control Boards under the State Governments, with they stood created) under the Water Act were adopted
Members being appointed by the State Governments. as institutions in the Air Act, the overall architecture
Importantly, the functions of the Central Board and and federal relationship emanating from the Water
the State Boards are laid out in detail, providing for Act was imported into the Air Act, even though it was
operational responsibility for the State Boards and the enacted pursuant to Article 253 of the Constitution
responsibility of the Central Board being of advising (giving effect to international agreements) rather than
and coordinating activities. Rule-making powers are Article 252 (common law for two or more States on a
also vested with the respective governments. State subject). Box 7 provides the details. The fact that
The Central Government also enacted the Water
(Prevention and Control of Pollution) Cess Act 1977,
leveraging the earlier-mentioned Resolution of the
12 States under Article 252, to provide for a cess
on consumption of water by industries and local
authorities to augment the resources of the Central
Board and State Boards constituted under the Water
Act, 1974.The cess is collected by the States, remitted
to the Consolidated Fund of India, and distributed
by the Central Government to the States, having
regard in part, to the collection made by the State
(the implementation of the Goods and Services Tax
(GST) from July 2017 has resulted in the cess being
10 OCTOBER 2017
