CLAT PG Environmental Law Syllabus

Is the NGT bound by the Code of Civil Procedure and the Indian Evidence Act?

No. The NGT is not bound by the CPC, 1908 or the Indian Evidence Act, 1872; it is guided by the principles of natural justice.

Where does an appeal against an order of the NGT lie?

An appeal lies to the Supreme Court of India, within 90 days from the date of communication of the order (Section 22).

The NGT has jurisdiction over civil cases arising from the implementation of which scheduled enactments?

Seven laws listed in Schedule I, including the Water Act 1974, Air Act 1981, Environment (Protection) Act 1986, Public Liability Insurance Act 1991, Forest (Conservation) Act 1980, and Biological Diversity Act 2002. (Note: it does NOT cover the Wildlife Protection Act.)

What penalty can be imposed for failure to comply with an NGT order or award?

Imprisonment up to 3 years, or fine up to Rs. 10 crore, or both; for companies, fine up to Rs. 25 crore, with additional fine for continuing failure.

In what year was the Environment (Protection) Act enacted, and what event prompted it?

1986; enacted in the aftermath of the 1984 Bhopal Gas Tragedy and to implement decisions of the 1972 Stockholm Conference.

Under which Article of the Constitution was the Environment (Protection) Act, 1986 enacted, and what is its significance?

Article 253 (power to make laws to implement international agreements/treaties); it gave effect to decisions of the 1972 Stockholm Conference on the Human Environment.

The Environment (Protection) Act, 1986 is often called an 'umbrella legislation'. Why?

Because it provides a framework for central government coordination of the activities of various central and state authorities established under other environmental laws (Water Act, Air Act, etc.).

How is 'environment' defined under Section 2(a) of the EPA, 1986?

Environment includes water, air and land and the inter-relationship that exists among and between water, air, land, and human beings, other living creatures, plants, micro-organisms and property.

How is an 'environmental pollutant' defined under the EPA, 1986?

Any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to the environment (Section 2(b)).

What is 'hazardous substance' under the EPA, 1986?

Any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment (Section 2(e)).

What broad powers does Section 3 of the EPA, 1986 confer on the Central Government?

Power to take all measures necessary to protect and improve the quality of the environment and to prevent, control and abate environmental pollution, including setting standards and constituting authorities.

What power does Section 5 of the EPA, 1986 grant the Central Government?

The power to issue directions in writing to any person, officer or authority, including directions for closure, prohibition or regulation of any industry, operation or process, or stoppage/regulation of supply of electricity, water or any other service.

What does Section 7 of the EPA, 1986 prohibit?

It prohibits any person carrying on an industry, operation or process from discharging or emitting any environmental pollutant in excess of the prescribed standards.

What is the general penalty for contravention of the EPA, 1986 under Section 15?

Imprisonment up to 5 years, or fine up to Rs. 1 lakh, or both; with an additional fine of up to Rs. 5,000 per day for continuing contravention. If contravention continues beyond one year, imprisonment may extend to 7 years.

How does Section 16 of the EPA, 1986 deal with offences by companies?

Every person who at the time of the offence was in charge of and responsible for the company's business, as well as the company, is deemed guilty - unless the person proves the offence was committed without their knowledge or that due diligence was exercised.

What restriction does Section 19 of the EPA, 1986 place on cognizance of offences?

No court shall take cognizance of an offence under the Act except on a complaint by the Central Government/authorized authority, OR by any person who has given 60 days' notice of the alleged offence and intention to make a complaint.

Under which provision of the EPA, 1986 were the Environmental Impact Assessment (EIA) Notifications issued?

They are issued under Section 3 of the EPA, 1986 (and Rule 5 of the Environment (Protection) Rules, 1986); the major notifications were issued in 1994 and revised in 2006.

What is the main purpose of an Environmental Impact Assessment (EIA)?

To predict and evaluate the environmental consequences of a proposed development project before it is approved, ensuring informed decision-making and incorporation of mitigation measures, often involving public consultation.

Does the EPA, 1986 provide protection to government officers acting in good faith?

Yes. Section 18 provides that no suit, prosecution or other legal proceeding shall lie against the Government or any officer for anything done or intended to be done in good faith under the Act.

What is the significance of the Stockholm Conference of 1972?

The UN Conference on the Human Environment (Stockholm, 1972) was the first major international gathering on the environment; it produced the Stockholm Declaration, led to creation of UNEP, and prompted India's Water Act, Air Act and EPA.

What was UNEP and when was it created?

The United Nations Environment Programme, established in 1972 following the Stockholm Conference, headquartered in Nairobi, Kenya; it is the principal UN body for the environment.

What is the Montreal Protocol (1987) about?

An international treaty under the Vienna Convention (1985) to phase out the production and consumption of ozone-depleting substances such as CFCs and halons; widely regarded as the most successful environmental treaty.

What is the Basel Convention (1989)?

An international treaty designed to control and reduce the transboundary movement of hazardous wastes between nations, particularly from developed to developing countries, and to ensure their environmentally sound management.

What were the key outcomes of the 1992 Rio Earth Summit (UNCED)?

The Rio Declaration on Environment and Development, Agenda 21, the UNFCCC, the Convention on Biological Diversity (CBD), and the Statement of Forest Principles.

What is the Convention on Biological Diversity (CBD), 1992?

A treaty with three objectives: conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from genetic resources; India enacted the Biological Diversity Act, 2002 to give it effect.

What is the UNFCCC (1992)?

The United Nations Framework Convention on Climate Change, an international treaty aiming to stabilize greenhouse gas concentrations to prevent dangerous human interference with the climate system; its Conference of Parties (COP) meets annually.

What is the Kyoto Protocol (1997) and its core principle?

A protocol to the UNFCCC committing developed (Annex I) countries to binding greenhouse gas emission reduction targets, based on the principle of 'Common But Differentiated Responsibilities' (CBDR).

What is the principle of 'Common But Differentiated Responsibilities' (CBDR)?

A principle of international environmental law recognizing that while all states share responsibility for environmental protection, developed countries bear a greater burden due to their historical contribution to pollution and greater capabilities.

What is the Paris Agreement (2015) and its central goal?

A legally binding international treaty under the UNFCCC (adopted at COP21) aiming to limit global warming to well below 2°C, preferably 1.5°C, above pre-industrial levels, through Nationally Determined Contributions (NDCs).

What is the Ramsar Convention (1971)?

The Convention on Wetlands of International Importance, the first modern international treaty for conservation and sustainable use of wetlands; it maintains the 'Ramsar List' of internationally important wetlands.

What is CITES (1973)?

The Convention on International Trade in Endangered Species of Wild Fauna and Flora, an international agreement to ensure that international trade in specimens of wild animals and plants does not threaten their survival; India is a party and gives effect via the Wildlife Protection Act.