Introduction to Environmental Law
Environmental Law in India is a combination of constitutional provisions, statutory enactments, and judicial pronouncements aimed at protecting the environment. Major environmental laws include:
- The Environment (Protection) Act, 1986
- The Air (Prevention and Control of Pollution) Act, 1981
- The Water (Prevention and Control of Pollution) Act, 1974
- The Forest Act, 1927
- The Wildlife (Protection) Act, 1972
The judiciary has played a significant role in interpreting these laws and ensuring environmental protection through landmark judgments.
Landmark Cases on Environmental Law
1. M.C. Mehta v. Union of India (1986) – Oleum Gas Leak Case
Facts: A gas leak from Shriram Food and Fertilizer Industries in Delhi caused severe damage.
Judgment: The Supreme Court introduced the Absolute Liability Principle, holding industries responsible for hazardous activities, even without negligence.
Conclusion: Strengthened corporate accountability for environmental hazards.
2. Vellore Citizens Welfare Forum v. Union of India (1996)
Facts: Tanneries in Tamil Nadu were discharging pollutants into rivers, harming the environment.
Judgment: The Supreme Court recognized the Precautionary Principle and the Polluter Pays Principle as part of Indian law.
Conclusion: Industries must bear the cost of pollution control measures.
3. Subhash Kumar v. State of Bihar (1991)
Facts: A PIL was filed against industrial pollution in Bihar’s rivers.
Judgment: The Supreme Court held that the Right to a Clean Environment is a fundamental right under Article 21 of the Constitution.
Conclusion: Strengthened environmental protection through fundamental rights.
4. Indian Council for Enviro-Legal Action v. Union of India (1996)
Facts: Chemical industries in Rajasthan were causing land and water pollution.
Judgment: The court held industries liable under the Polluter Pays Principle and directed compensation.
Conclusion: Enforced stricter pollution control norms and corporate accountability.
5. Narmada Bachao Andolan v. Union of India (2000)
Facts: A movement challenged the construction of the Sardar Sarovar Dam, citing environmental and displacement concerns.
Judgment: The Supreme Court allowed the dam construction, balancing development and environmental concerns but mandated strict rehabilitation measures.
Conclusion: Highlighted the conflict between development and environmental conservation.
MCQs on Environmental Law
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Which case introduced the Absolute Liability Principle in India?
a) Vellore Citizens Welfare Forum v. Union of India
b) M.C. Mehta v. Union of India
c) Indian Council for Enviro-Legal Action v. Union of India
d) Narmada Bachao Andolan v. Union of India
Answer: b) M.C. Mehta v. Union of India -
The Polluter Pays Principle was applied in which case?
a) Subhash Kumar v. State of Bihar
b) Vellore Citizens Welfare Forum v. Union of India
c) M.C. Mehta v. Union of India
d) Narmada Bachao Andolan v. Union of India
Answer: b) Vellore Citizens Welfare Forum v. Union of India -
Which Article of the Constitution provides for the Right to a Clean Environment?
a) Article 19
b) Article 21
c) Article 32
d) Article 14
Answer: b) Article 21 -
Which Act is the umbrella legislation for environmental protection in India?
a) The Forest Act, 1927
b) The Water (Prevention and Control of Pollution) Act, 1974
c) The Environment (Protection) Act, 1986
d) The Wildlife (Protection) Act, 1972
Answer: c) The Environment (Protection) Act, 1986 -
The Narmada Bachao Andolan case dealt with which environmental issue?
a) Air Pollution
b) Water Pollution
c) Large Dam Construction and Displacement
d) Industrial Waste Disposal
Answer: c) Large Dam Construction and Displacement
📜 Conclusion
Environmental Law is the foundation of India’s sustainable future. It balances economic growth with ecological integrity, protects public health, and empowers communities. In a country as ecologically diverse and densely populated as India, strong environmental laws are not a choice—they are a necessity.
This guide provides a structured approach for AIBE aspirants to understand Environmental Law, key judgments, and multiple-choice questions for better preparation.
