Pariksha SaathiLesson 9 of 10 · Environment and Ecology
Environmental Laws and Movements in India: Constitution, Acts, NGT and Chipko
Drafted with AI assistance and fact-checked on 28 October 2026; not yet read line by line by a human editor. Spotted a mistake? Tell us. Editorial standards & corrections
The Constitution
The original Constitution had no direct provision on the environment. The 42nd Amendment of 1976 added Article 48A, a Directive Principle that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country, and Article 51A(g), a Fundamental Duty of every citizen to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures. The same amendment moved forests and the protection of wild animals and birds from the State List to the Concurrent List. The Supreme Court has read the right to a clean and healthy environment into the right to life under Article 21. Article 253, which lets Parliament make laws to carry out international agreements, was the basis of the Air Act 1981 and the Environment (Protection) Act 1986.
Wildlife, water and forest laws
The Wildlife (Protection) Act 1972 bans hunting of listed species and provides for sanctuaries and national parks. The Water (Prevention and Control of Pollution) Act 1974 was India's first major pollution law; because water is a State subject, it was passed under Article 252 after states asked for it. It set up the Central Pollution Control Board (CPCB) and the State Pollution Control Boards. The Forest (Conservation) Act 1980 requires the Central Government's prior approval before a state de-reserves a forest or uses forest land for non-forest purposes such as mining; it was amended and renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam in 2023. The National Forest Policy 1988 aims at one-third (33 per cent) of the land under forest or tree cover, and two-thirds in the hills.
Air and umbrella laws
The Air (Prevention and Control of Pollution) Act 1981 gave the pollution control boards power over air quality, and a 1987 amendment brought noise within the meaning of air pollutant. After the Bhopal gas tragedy, the Environment (Protection) Act 1986 was passed as an umbrella law. It empowers the Central Government to set emission and discharge standards, regulate hazardous substances and close polluting industries; the Environmental Impact Assessment (EIA) notification of 1994 (replaced in 2006), the Coastal Regulation Zone notification of 1991 and the rules on solid, plastic and e-waste are issued under it. The Public Liability Insurance Act 1991 makes industries handling hazardous substances insure against accidents.
Biodiversity, forest rights and the NGT
The Biological Diversity Act 2002, passed to carry out India's commitments under the CBD, set up a three-tier structure: the National Biodiversity Authority at Chennai, State Biodiversity Boards, and Biodiversity Management Committees in local bodies, which prepare People's Biodiversity Registers. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 recognises individual and community rights over forest land and produce; an individual claim can cover up to 4 hectares, the cut-off date is 13 December 2005, other traditional forest dwellers must show residence over three generations (75 years), and the Gram Sabha plays the central role. The National Green Tribunal, set up under the NGT Act 2010, hears civil cases under the environmental laws, sits at New Delhi with zonal benches at Bhopal, Pune, Kolkata and Chennai, and aims to decide cases within 6 months. India is often described as the third country, after Australia and New Zealand, to set up such a specialised tribunal.
Court-made principles and the CPCB
Indian courts have built environmental law through public interest litigation. The polluter pays principle (Indian Council for Enviro-Legal Action case, 1996), the precautionary principle (Vellore Citizens Welfare Forum case, 1996) and the public trust doctrine (M.C. Mehta v. Kamal Nath, judgment of December 1996, often cited as 1997) are now part of Indian law. The CPCB, a statutory body under the environment ministry, advises the Centre, sets standards, coordinates the state boards and runs national monitoring of air and water quality.
Forest movements
In 1730 at Khejarli near Jodhpur, Amrita Devi Bishnoi and 363 Bishnois gave their lives to stop the felling of khejri trees for the Maharaja of Marwar. The Chipko movement began in 1973 in Chamoli district of present-day Uttarakhand, when villagers hugged trees to stop commercial felling; Chandi Prasad Bhatt of the Dasholi Gram Swarajya Sangh, Sunderlal Bahuguna and Gaura Devi of Reni village were its leading figures. It led in 1980 to a 15-year ban on green felling in the Himalayan forests of Uttar Pradesh. Appiko, Chipko's southern echo, began in 1983 at Salkani in Uttara Kannada district of Karnataka under Panduranga Hegde.
Dam and river movements
The Silent Valley movement in Kerala's Palakkad district opposed a hydroelectric dam on the Kunthipuzha river that would have drowned a rare tropical evergreen rainforest, home of the lion-tailed macaque. The Kerala Sastra Sahitya Parishad and the poet Sugathakumari led the campaign; the project was dropped and Silent Valley was declared a national park in 1984. The Narmada Bachao Andolan, led from the mid-1980s by Medha Patkar with the support of Baba Amte, fought the displacement caused by the Sardar Sarovar and other Narmada dams; the World Bank withdrew its funding in 1993.
Key facts
- Articles 48A (Directive Principle) and 51A(g) (Fundamental Duty) on the environment were added by the 42nd Amendment, 1976; forests and wildlife moved to the Concurrent List.
- Article 21 (right to life) includes the right to a healthy environment; Article 253 was the basis of the Air Act 1981 and the Environment (Protection) Act 1986.
- Water Act 1974 was passed under Article 252 and created the CPCB; noise became an air pollutant through the 1987 amendment of the Air Act 1981.
- Forest (Conservation) Act 1980 needs Central approval for diverting forest land; renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam in 2023; National Forest Policy 1988 aims at 33 per cent cover.
- Biological Diversity Act 2002: National Biodiversity Authority (Chennai), State Biodiversity Boards, Biodiversity Management Committees with People's Biodiversity Registers.
- Forest Rights Act 2006: up to 4 hectares per individual claim; cut-off date 13 December 2005; 75 years of residence for other traditional forest dwellers; Gram Sabha decides.
- NGT Act 2010: principal bench New Delhi; zonal benches Bhopal, Pune, Kolkata, Chennai; cases to be decided within 6 months.
- Court principles: polluter pays and precautionary principle (both 1996 cases), public trust doctrine (M.C. Mehta v. Kamal Nath, decided December 1996, often cited as 1997).
- Movements: Khejarli 1730 (Amrita Devi, 363 Bishnois); Chipko 1973 (Chamoli; Bhatt, Bahuguna, Gaura Devi); Appiko 1983 (Panduranga Hegde); Silent Valley NP 1984; Narmada Bachao (Medha Patkar).
Quick revision
Articles 48A and 51A(g) by 42nd Amendment 1976; Article 21 covers healthy environment; WPA 1972; Water Act 1974 (Article 252, CPCB); Forest Conservation Act 1980; Air Act 1981 (noise 1987); EPA 1986 after Bhopal; PLI Act 1991; Biological Diversity Act 2002 (NBA Chennai); FRA 2006 (4 ha, 13 Dec 2005); NGT 2010 (New Delhi, 6 months); Khejarli 1730; Chipko 1973; Appiko 1983; Silent Valley NP 1984; NBA Medha Patkar.