I: Paper-V : Environmental Law
Structured subject study centre with syllabus, unit-wise notes, quick references, important statutes and charts.
Subject introduction
Environmental Law is an important branch of law concerned with the protection, conservation and sustainable use of the environment and natural resources. In India, it derives constitutional support primarily from Articles 21, 48A and 51A(g) of the Constitution and is governed by statutes such as the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, and Wildlife (Protection) Act, 1972. The subject covers pollution control, environmental impact assessment, forest and wildlife conservation, hazardous substances, climate concerns and environmental remedies. It also examines principles such as sustainable development, the polluter pays principle, the precautionary principle, public trust doctrine and absolute liability. Its central purpose is to balance developmental needs with environmental protection while safeguarding the right of present and future generations to live in a clean and healthy environment.
Syllabus
PAPER–V:
ENVIRONMENTAL LAW
Unit-I
The meaning and definition of environment – Ecology - Ecosystems-Biosphere - Biomes – Ozone depletion - Global Warning - Climatic changes - Need for the preservation, conservation and protection of environment - Ancient Indian approach to environment- Environmental degradation and pollution - Kinds,
causes and effects of pollution
Unit-II
Common Law remedies against pollution - trespass, negligence, and theories of Strict Liability & Absolute Liability - Relevant provisions of I.P.C. and Cr.P.C. and C.P.C., for the abatement of public nuisance in pollution cases - Remedies under Specific Relief Act - Reliefs against smoke and noise - Noise Pollution.
for negligence - Product Liability - Consumerism - Consumer Protection Act, 2019
Unit-III
The law relating to the preservation, conservation and protection of forests, wild life and endangered species, marine life, coastal ecosystems and lakes etc. - Prevention of cruelty towards animals - The law relating to prevention and control of water pollution - Air Pollution - Environment pollution control mechanism - Law relating to environment protection – Role of National Environmental Tribunal, National Environmental Appellate Authority and National Green Tribunal.
Unit-IV:
Art. 48A and Art. 51A(g) of the Constitution of India - Right to wholesome environment - Right to development - Restriction on freedom of trade, profession, occupation for the protection of environment – Immunity of Environment legislation from judicial scrutiny(Art.31C) - Legislative powers of the Centre and
State Government - Writ jurisdiction - Role of Indian Judiciary in the evolution of environmental jurisprudence.
Unit-V
International Environmental Regime - Transactional Pollution - State Liability - Customary International Law - Liability of Multinational corporations/Companies - Stockholm Declaration on Human Environment, 1972 - The role of UNEP for the protection of environment - Ramsar Convention 1971 – Bonn Convention
(Migratory Birds) 1992 - Nairobi Convention, 1982 (CFCC) - Biodiversity Convention (Earth Summit), 1992 - Kyoto Protocol 1997, Johannesburg Convention 2002.
Suggested Readings:
1. Armin Rosencranz and Shyam Divan: Environmental Law and Policy in India.
2. Manoj Kumar Sinha (Ed), Environmental Law and Enforcement: The Contemporary Challenges, Indian Law Institute, New Delhi, 2016.
3. A.Agarwal (Ed.): Legal Control of Environmental Pollution
4. Chetan Singh Mehta: Environmental Protection and Law
5. V.K. Krishna Iyyer: Environment Pollution and Law
6. Paras Diwan : Environmental Law and Policy in India,1991
7. Dr. N. Maheshwara Swamy, Environmental Law, Asia Law House, Hyderabad.
8. P.Leela Krishnan, Environmental law in India, LexisNexis.