Page 2 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 2
DISCUSSION PAPER
the federal character of the governance framework of namely, that “Environment comprises all entities,
the country. natural or manmade, external to oneself, and their
interrelationships, which provide value, now or
The basic structure should comprise: (a) A State perhaps in the future, to humankind. Environmental
Environment Management Authority (SEMA) at State concerns relate to their degradation through actions
level, with accountability to the State legislature; and of humans”. The relevant extracts from NEP 2006 are
(b) A National Environment Management Authority provided in the Appendix.
(NEMA) constituted by the Central Government with
accountability to Parliament. The Constitutional Framework
The powers under the legislation and in the various It is important to bring to the fore the Constitutional
Rules thereunder should vest primarily with SEMA, with scheme of things so as to analyse the extent to which
the State Government and Central Government (on this is aligned with current objective requirements,
advice of NEMA) having the power to issue directions. and is not a cause of the impediment.
Similarly, SEMA should perform the functions presently Article 246 of the Constitution of India confers
performed by the State-level Environmental Impact upon Parliament exclusive power to make laws with
Assessment Authorities (SEIAA), with the State respect to any matter in List I (Union List) of the
Government setting up Expert Appraisal Committees Seventh Schedule and provides the State Legislature
(EAC). the exclusive power to make laws with respect to
any matter in List II (State List). Subjects in List III
To ensure that the environmental governance systems (Concurrent List) can be the subject matter of law by
in the States can evolve to acceptable standards, an Parliament or a State Legislature, with the Central law
All India Service: Indian Environment Service, should normally prevailing in case of a contradiction (subject
be created, along with mechanisms to encourage to the provisions of Article 254(2), which enables a
participation of academic and technical institutions in State law to prevail in the State if assented to by the
the management and policy making processes. President).
Introduction “Environment” as a subject does not figure in
the Seventh Schedule in any of the Lists. Article
The environment is under stress for a variety of reasons 48A, inserted into the Constitution as a result of the
the world over. In the case of India, high population Constitution (Forty-second Amendment) Act 1976,
density in certain areas has been putting pressure provides, as a Directive Principle of State Policy, that
on natural resources and carrying capacity is a major the State shall endeavour to protect and improve the
reason. Poverty and the need to increase the rate of environment and safeguard the forest and wildlife of
economic growth are other major reasons. the country. The same Constitutional Amendment Act
also moved “forests” and “protection of wild animals
India’s strong base in science and technology, and birds“ from the State List into the Concurrent
liberal democratic values, including an active civil List of the Seventh Schedule. One of the objects
society, independent judiciary, and a well-developed of the Constitution Amendment Act was in fact to
administrative system enable a better understanding “remove the difficulties that have arisen in achieving the
of the need for a fine dynamic balance and to put socio-economic revolution that would end poverty and
in place appropriate mechanisms for this purpose. ignorance and disease and inequality of opportunity”.
However, many of the mechanisms were initiated in
the 1970s and early 1980s, when systems were not In this background, the position regarding the
as well evolved and the state of knowledge was also various Central legislations that are “environmental”
not as good. As a result, in several sectors, there is a in character are enumerated as follows:
perception that the framework of environmental laws The Indian Forest Act 1927 was enacted before
are an impediment to economic growth and that the
framework is also not achieving its intended objective the concept of a “State List” of subjects was
of environmental protection. formalized initially in the Government of India Act
1935, and thereafter in the Constitution of India
The term ‘environment’, in this Discussion 1950.
Paper, has been referred as defined in the National
Environment Policy 2006 (henceforth NEP 2006),
2 OCTOBER 2017
the federal character of the governance framework of namely, that “Environment comprises all entities,
the country. natural or manmade, external to oneself, and their
interrelationships, which provide value, now or
The basic structure should comprise: (a) A State perhaps in the future, to humankind. Environmental
Environment Management Authority (SEMA) at State concerns relate to their degradation through actions
level, with accountability to the State legislature; and of humans”. The relevant extracts from NEP 2006 are
(b) A National Environment Management Authority provided in the Appendix.
(NEMA) constituted by the Central Government with
accountability to Parliament. The Constitutional Framework
The powers under the legislation and in the various It is important to bring to the fore the Constitutional
Rules thereunder should vest primarily with SEMA, with scheme of things so as to analyse the extent to which
the State Government and Central Government (on this is aligned with current objective requirements,
advice of NEMA) having the power to issue directions. and is not a cause of the impediment.
Similarly, SEMA should perform the functions presently Article 246 of the Constitution of India confers
performed by the State-level Environmental Impact upon Parliament exclusive power to make laws with
Assessment Authorities (SEIAA), with the State respect to any matter in List I (Union List) of the
Government setting up Expert Appraisal Committees Seventh Schedule and provides the State Legislature
(EAC). the exclusive power to make laws with respect to
any matter in List II (State List). Subjects in List III
To ensure that the environmental governance systems (Concurrent List) can be the subject matter of law by
in the States can evolve to acceptable standards, an Parliament or a State Legislature, with the Central law
All India Service: Indian Environment Service, should normally prevailing in case of a contradiction (subject
be created, along with mechanisms to encourage to the provisions of Article 254(2), which enables a
participation of academic and technical institutions in State law to prevail in the State if assented to by the
the management and policy making processes. President).
Introduction “Environment” as a subject does not figure in
the Seventh Schedule in any of the Lists. Article
The environment is under stress for a variety of reasons 48A, inserted into the Constitution as a result of the
the world over. In the case of India, high population Constitution (Forty-second Amendment) Act 1976,
density in certain areas has been putting pressure provides, as a Directive Principle of State Policy, that
on natural resources and carrying capacity is a major the State shall endeavour to protect and improve the
reason. Poverty and the need to increase the rate of environment and safeguard the forest and wildlife of
economic growth are other major reasons. the country. The same Constitutional Amendment Act
also moved “forests” and “protection of wild animals
India’s strong base in science and technology, and birds“ from the State List into the Concurrent
liberal democratic values, including an active civil List of the Seventh Schedule. One of the objects
society, independent judiciary, and a well-developed of the Constitution Amendment Act was in fact to
administrative system enable a better understanding “remove the difficulties that have arisen in achieving the
of the need for a fine dynamic balance and to put socio-economic revolution that would end poverty and
in place appropriate mechanisms for this purpose. ignorance and disease and inequality of opportunity”.
However, many of the mechanisms were initiated in
the 1970s and early 1980s, when systems were not In this background, the position regarding the
as well evolved and the state of knowledge was also various Central legislations that are “environmental”
not as good. As a result, in several sectors, there is a in character are enumerated as follows:
perception that the framework of environmental laws The Indian Forest Act 1927 was enacted before
are an impediment to economic growth and that the
framework is also not achieving its intended objective the concept of a “State List” of subjects was
of environmental protection. formalized initially in the Government of India Act
1935, and thereafter in the Constitution of India
The term ‘environment’, in this Discussion 1950.
Paper, has been referred as defined in the National
Environment Policy 2006 (henceforth NEP 2006),
2 OCTOBER 2017
