High Court Test 17
10 min40 WPM required389 words
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Environmental law in India has developed substantially over the past four decades, evolving from a limited set of common law remedies for nuisance and negligence to a comprehensive statutory and constitutional framework for the protection of air, water, land, biodiversity, and the wider environment. The constitutional basis for environmental protection is found in Article 48A, introduced by the 42nd Amendment in 1976, which directs the state to protect and improve the environment and to safeguard forests and wildlife, and in Article 51A(g), which imposes a fundamental duty on every citizen to protect and improve the natural environment. The Supreme Court has derived from the right to life under Article 21 the right to a clean and healthy environment, and through a series of public interest litigation judgments has directed the executive to take concrete steps to control pollution and protect natural resources. The National Green Tribunal Act, 2010 established the National Green Tribunal as a specialised judicial body with original and appellate jurisdiction over matters relating to the environment, including enforcement of environmental laws and rights to a clean environment. The NGT has been proactive in issuing directions on matters ranging from river pollution and solid waste management to air quality in Delhi and the protection of the Aravalli forests. The Environment Protection Act, 1986, enacted in the aftermath of the Bhopal gas disaster, provides the central government with broad powers to take measures to protect and improve the quality of the environment and to prevent, control, and abate environmental pollution. Under this Act, the central government has made rules for the management of hazardous wastes, biomedical wastes, electronic wastes, and other categories of waste, and has notified environmental standards for industrial effluents and emissions. The Water Act, 1974 and the Air Act, 1981 establish Central and State Pollution Control Boards, which are responsible for the prevention and control of water pollution and air pollution respectively, issuing consent to operate to industries and taking enforcement action against violators. The Environmental Impact Assessment notification requires projects in specified categories to undergo an assessment of their likely environmental impacts and obtain environmental clearance from the Ministry of Environment before commencing construction. The principle of sustainable development, the precautionary principle, and the polluter pays principle have been recognised by the Supreme Court as part of Indian environmental law through its landmark judgments.