Page 4 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 4
DISCUSSION PAPER
Box 1: Central subjects Subjects which have an inter-state character
like spread of infectious diseases are in the
Participation in international conferences and Concurrent List; and
implementing treaties, agreements, etc., with foreign
countries (13); Subjects which may have elements of national
interest are managed by a special formulation that
Railways (22), National Highways (23), National waterways provides for the subject to be in the State list,
(24), Airways(29) subject to the power of Parliament to carve out a
portion for central control (e.g national highways
Industries (under Union control) (52) and waterways, mineral development, industry
Regulation of oilfields (53) etc). This is a stronger formulation than putting
Fishing beyond territorial waters (57) the subject in the Concurrent List, as it ousts
GSI, BSI, and ZSI (68) State competence to make law to the extent that
Meteorological organizations (68) Parliament reserves to itself.
Inter-State migration and inter-State quarantine (81)
Any other matter not enumerated in List II (State List) or Clearly, addressing the issue of “environment” for
purpose of environmental governance must be
List III (Concurrent List), including any tax (97) aligned, and in consonance, with this basic approach
(The number in brackets appearing against a subject is the of the Constitutional framework, not only from a
serial number of the entry in the Union List in the Seventh constitutional point of view but also because this
Schedule.) would place it more conformably with a framework
that has stood the test of time.
Box 2: State subjects
Addressing the issue of “environment” as a
Land (18) and Water (17) subject in a federal situation
Public health (6), agriculture (14), livestock (15), fisheries
In many ways, the Constitution (42nd Amendment)
(21) Act 1976 was a watershed event. The amendments
Industries (other than Defence or under Union control by to the Constitution covered a wide scope, and one
of the stated objects was to make the Directive
law) (24) Principles more comprehensive and give them
Forests and protection of wild animals and birds was a precedence over Fundamental Rights so as to
facilitate socio-economic reforms. Among other
State subject till 1976 things, the amendment created a new Part to the
(The number in brackets appearing against a subject is the Constitution, Part IV A, called “Fundamental Duties”.
serial number of the entry in the State List in the Seventh In respect of environmental matters, the Act made
Schedule.) the following changes to the Constitution:
A new article, article 48A was inserted in
Box 3: Concurrent subjects
the Directive Principles that “The State
Forests (17A) , protection of wild animals and birds (17B) shall endeavour to protect and improve the
Regulation of Inter-State waterways and river valleys (56) environment and to safeguard the forests and
Inter-State spread of infectious diseases (29) wild life of the country”.
Mechanically propelled vehicles (35) In the newly created Part IVA “Fundamental
Factories (36), boilers (37) Duties”, a new article, Article 51A was inserted,
Electricity (38) making it the duty of every citizen of India to, inter
Mines and minerals (23) (actually State, but with the alia, “protect and improve the natural environment
including forests, lakes, rivers and wild life.”
Central Government having power to legislate in public In List III (Concurrent List) of the Seventh Schedule,
interest [54]) two new entries were inserted, namely: “17A
Economic and social planning (20) Forests” and “17B protection of wild animals and
(The number in brackets appearing against a subject is
the serial number of the entry in the Concurrent List in the
Seventh schedule
4 OCTOBER 2017
Box 1: Central subjects Subjects which have an inter-state character
like spread of infectious diseases are in the
Participation in international conferences and Concurrent List; and
implementing treaties, agreements, etc., with foreign
countries (13); Subjects which may have elements of national
interest are managed by a special formulation that
Railways (22), National Highways (23), National waterways provides for the subject to be in the State list,
(24), Airways(29) subject to the power of Parliament to carve out a
portion for central control (e.g national highways
Industries (under Union control) (52) and waterways, mineral development, industry
Regulation of oilfields (53) etc). This is a stronger formulation than putting
Fishing beyond territorial waters (57) the subject in the Concurrent List, as it ousts
GSI, BSI, and ZSI (68) State competence to make law to the extent that
Meteorological organizations (68) Parliament reserves to itself.
Inter-State migration and inter-State quarantine (81)
Any other matter not enumerated in List II (State List) or Clearly, addressing the issue of “environment” for
purpose of environmental governance must be
List III (Concurrent List), including any tax (97) aligned, and in consonance, with this basic approach
(The number in brackets appearing against a subject is the of the Constitutional framework, not only from a
serial number of the entry in the Union List in the Seventh constitutional point of view but also because this
Schedule.) would place it more conformably with a framework
that has stood the test of time.
Box 2: State subjects
Addressing the issue of “environment” as a
Land (18) and Water (17) subject in a federal situation
Public health (6), agriculture (14), livestock (15), fisheries
In many ways, the Constitution (42nd Amendment)
(21) Act 1976 was a watershed event. The amendments
Industries (other than Defence or under Union control by to the Constitution covered a wide scope, and one
of the stated objects was to make the Directive
law) (24) Principles more comprehensive and give them
Forests and protection of wild animals and birds was a precedence over Fundamental Rights so as to
facilitate socio-economic reforms. Among other
State subject till 1976 things, the amendment created a new Part to the
(The number in brackets appearing against a subject is the Constitution, Part IV A, called “Fundamental Duties”.
serial number of the entry in the State List in the Seventh In respect of environmental matters, the Act made
Schedule.) the following changes to the Constitution:
A new article, article 48A was inserted in
Box 3: Concurrent subjects
the Directive Principles that “The State
Forests (17A) , protection of wild animals and birds (17B) shall endeavour to protect and improve the
Regulation of Inter-State waterways and river valleys (56) environment and to safeguard the forests and
Inter-State spread of infectious diseases (29) wild life of the country”.
Mechanically propelled vehicles (35) In the newly created Part IVA “Fundamental
Factories (36), boilers (37) Duties”, a new article, Article 51A was inserted,
Electricity (38) making it the duty of every citizen of India to, inter
Mines and minerals (23) (actually State, but with the alia, “protect and improve the natural environment
including forests, lakes, rivers and wild life.”
Central Government having power to legislate in public In List III (Concurrent List) of the Seventh Schedule,
interest [54]) two new entries were inserted, namely: “17A
Economic and social planning (20) Forests” and “17B protection of wild animals and
(The number in brackets appearing against a subject is
the serial number of the entry in the Concurrent List in the
Seventh schedule
4 OCTOBER 2017
