Topic 2: Environmental Policy in
India
2.1 Pre-Independence Period
Era Key Developments
Vedic reverence for nature (Ṛta, Prithvi
Sukta); Sacred groves; Kautilya's
Ancient India
Arthashastra prescribed fines for tree
cutting
Royal hunting reserves; Some forest
Mughal Period
protection for game
Exploitation-focused policies; Forests as
British Colonial
revenue source
Key Colonial Legislation
Year Law Purpose
1865 Indian Forest Act State control over forests
Reserved/protected
1878 Indian Forest Act (revised)
forest categories
Consolidated forest law
1927 Indian Forest Act
(still in force)
Limited wildlife
1912 Wild Birds Protection Act
protection
Shore Nuisance (Bombay
1887 Early pollution control
& Kolaba) Act
Colonial Approach
• ┌────────────────────────────────────────────────────────────
─────┐ │ COLONIAL ENVIRONMENTAL POLICY │
├───────────────────────────────────────────────────────────
──────┤ │ │ │ PRIMARY GOAL: Revenue extraction & resource
exploitation │ │ │ │
• • Forests = Timber for railways, ships, construction │ │
• • Wildlife = Game hunting for British officers │ │
• • Communities = Excluded from traditional forest rights │ │
• • Conservation = Only to sustain exploitation │ │ │
└────────────────────────────────────────────────────────────
─────┘
2.2 Post-Independence Period (1947–1990)
• Constitutional Framework (1950)
Provision Content Status
No environmental
Original Constitution Gap
provisions
42nd Amendment Added Art. 48A &
Post-Stockholm
(1976) 51A(g)
Key Legislation
Year Law Significance
Comprehensive wildlife
1972 Wildlife Protection Act
law
Water (Prevention &
1974 First pollution control law
Control of Pollution) Act
Central approval for
1980 Forest Conservation Act
diversion
Air (Prevention & Control
1981 Air quality regulation
of Pollution) Act
Environment Protection
1986 Umbrella legislation
Act
Environment Protection vs. Economic
Development – Why Trade-offs?
• A trade-off is a situation where achieving one goal requires
sacrificing or compromising another. You cannot fully have both
simultaneously.
• The Tension: Strict environmental protection can slow economic
growth; rapid development often degrades the environment. The
challenge is finding a balance – hence "sustainable development"
(meeting present needs without compromising future generations).
Institutional Development
Year Institution Role
National Committee on
1972 Environmental Planning & Advisory body
Coordination
Department of
1980 Dedicated ministry
Environment
Ministry of Environment
1985 Full ministry status
& Forests
Central Pollution Control
1974 Pollution monitoring
Board
Timeline: Post-Independence Evolution
• ┌─────────────────────────────────────────────────────────────────┐ │
• POST-INDEPENDENCE ENVIRONMENTAL POLICY │
├─────────────────────────────────────────────────────────────────┤ │ │ │ 1947-
1971: NEGLECT PHASE │ │
• • Focus on industrialization & development │ │ • Environment not a priority │ │ • Inherited
colonial laws unchanged │ │ │ │ │ ▼ │ │
• 1972: STOCKHOLM CONFERENCE — Turning Point │ │ • Indira Gandhi's famous speech │ │ •
"Poverty is the greatest polluter" │ │ │ │ │ ▼
• │ │ 1972-1986: LEGISLATIVE PHASE │ │
• • Wildlife Protection Act (1972) │ │ • 42nd Amendment (1976) │ │ • Water Act (1974), Air Act
(1981) │ │ • Forest Conservation Act (1980) │ │ • Environment Protection Act (1986) — Post-
Bhopal │ │ │ │ │ ▼ │ │
• 1987 onwards: JUDICIAL ACTIVISM │
• │ • M.C. Mehta cases │ │ • Article 21 expanded to include environment │ │ │
└─────────────────────────────────────────────────────────────────┘
"Poverty is the Biggest Polluter" – Indira
Gandhi (1972 Stockholm Conference)
• Environmental degradation cannot be addressed without tackling
poverty. Poor communities are forced to overexploit natural
resources (deforestation, overfishing, etc.) for survival. Development
and environmental protection must go hand-in-hand.
2.3 The Present-Day Status (1991–Present)
• Key Developments
Period Focus Key Actions
EIA Notification (1994); Rio
1991-2000 Liberalization & Environment
principles adopted
Biological Diversity Act (2002);
2000-2010 Biodiversity & Climate National Environment Policy
(2006); NAPCC (2008)
NGT Act (2010); EIA 2006; Paris
2010-2020 Green Tribunal & Reforms
Agreement (2015)
Net-zero by 2070; EIA Draft
Climate commitments &
2020-Present 2020 controversy; Forest
Controversies
Conservation Rules 2022
Current Legal Framework
• ┌─────────────────────────────────────────────────────────────────
┐ │ PRESENT ENVIRONMENTAL LAW STRUCTURE │
├────────────────────────────────────────────────────────────────
─┤ │ │ │ CONSTITUTION │ │ ├── Article 21 (Right to Life → Clean Environment)
│ │ ├── Article 48A (DPSP — State duty) │ │ ├── Article 51A(g) (Fundamental
Duty — Citizen) │ │ └── Article 253 (International treaties) │ │ │ │ UMBRELLA
LAW │ │ └── Environment Protection Act, 1986 │ │ │ │ SECTORAL LAWS │ │ ├──
Wildlife Protection Act, 1972 │ │ ├── Forest Conservation Act, 1980 │ │ ├──
Water Act, 1974 & Air Act, 1981 │ │ ├── Biological Diversity Act, 2002 │ │ └──
Coastal Regulation Zone Notifications │ │ │ │ TRIBUNAL │ │ └── National Green
Tribunal (2010) │ │ │ │ POLICIES │ │ ├── National Environment Policy, 2006 │ │
├── National Forest Policy, 2018 (Draft) │ │ └── National Action Plan on Climate
Change, 2008 │ │ │
└─────────────────────────────────────────────────────────────────
┘
2.4 Government Policy Towards
Environmental Issues
• Key Policy Documents
Policy Year Focus
National Forest Policy 1988 33% forest cover target; JFM
National Conservation Strategy 1992 Sustainable development
National Environment Policy 2006 Comprehensive framework
National Action Plan on
2008 8 missions
Climate Change
National Wildlife Action Plan 2017-31 Wildlife conservation
India's NDC (Paris Agreement) 2015, updated 2022 Climate commitments
National Action Plan on Climate Change
(2008) — 8 Missions
• ┌───────────────────────────────────────────────────────
──────────┐ │ NAPCC — 8 MISSIONS │
├──────────────────────────────────────────────────────
───────────┤ │ │ │ 1. National Solar Mission │ │ 2. National
Mission for Enhanced Energy Efficiency │ │ 3. National Mission on
Sustainable Habitat │ │ 4. National Water Mission │ │ 5. National
Mission for Sustaining Himalayan Ecosystem │ │ 6. National Mission
for Green India │ │ 7. National Mission for Sustainable Agriculture │ │
8. National Mission on Strategic Knowledge for Climate Change │ │ │
└───────────────────────────────────────────────────────
──────────┘
India's Climate Commitments (NDC 2022)
Target Commitment
Net-zero By 2070
Non-fossil energy 50% of installed capacity by 2030
Emissions intensity 45% reduction from 2005 levels by 2030
Carbon sink 2.5-3 billion tonnes CO₂ through forests
Initiative Focus
Current Government Initiatives
Swachh Bharat Sanitation & waste management
Namami Gange Ganga river cleaning
CAMPA Compensatory afforestation
Green India Mission Afforestation
PM-KUSUM Solar for farmers
National Hydrogen Mission Green hydrogen
LIFE (Lifestyle for Environment) Sustainable consumption
Evolution of Environmental Policy
Phase Period Approach Key Feature
Colonial 1865-1947 Exploitative Revenue extraction
Environment
Neglect 1947-1972 Development-first
ignored
Stockholm
Awakening 1972-1986 Legislative
influence
EPA, NGT,
Consolidation 1986-2010 Institutional
Biodiversity Act
International Paris, Net-zero,
Climate Era 2010-Present
commitments SDGs
The Present-Day Status (1991–Present)
• The economic liberalization of 1991 introduced new tensions
between development imperatives and environmental protection.
As India opened its economy to foreign investment and accelerated
industrial growth, environmental concerns often took a backseat to
economic considerations. The Environmental Impact Assessment
Notification of 1994 made environmental clearance mandatory for
certain categories of projects, though critics argued that the process
was often reduced to a formality rather than a genuine assessment
of environmental impacts.
• The 1992 Rio Earth Summit (United Nations Conference on
Environment and Development) introduced new principles into Indian
environmental jurisprudence. The Supreme Court, in Vellore Citizens
Welfare Forum v. Union of India (1996), incorporated the
precautionary principle and polluter pays principle as part of Indian
environmental law, holding that these principles are essential
features of sustainable development.
• The concept of sustainable development, balancing economic
growth with environmental protection and social equity, became the
guiding framework for environmental policy.
• The National Environment Policy of 2006 provided a comprehensive
framework for environmental governance, emphasizing the principles
of environmental protection as a constitutional obligation, the right
to a clean environment, the precautionary approach, and the
polluter pays principle.
• The National Action Plan on Climate Change (NAPCC) was launched
in 2008, establishing eight national missions addressing solar energy,
enhanced energy efficiency, sustainable habitat, water, sustaining
the Himalayan ecosystem, green India, sustainable agriculture, and
strategic knowledge for climate change. This represented India's first
comprehensive policy response to climate change, though
implementation has been uneven across missions.
National Environment Policy (NEP) 2006
Aspect Details
Mainstream environmental concerns in
Objective
all development activities
Those causing pollution bear the cost of
Polluter Pays Principle
remediation
Prevent harm even without full scientific
Precautionary Approach
certainty
State as trustee of natural resources for
Public Trust Doctrine
public benefit
Empower local bodies (PRIs) in
Decentralization
environmental management
Intergenerational Equity Protect resources for future generations
Paris Agreement (2015)
Commitment Details
Limit global warming to well below 2°C,
Temperature Goal
preferably 1.5°C
Nationally Determined Contributions –
NDCs
each country sets own targets
Developed nations to provide $100
Climate Finance
billion/year to developing nations
Global Stocktake Review progress every 5 years
Adaptation Enhance adaptive capacity and resilience
Net Zero
• Achieving a balance where greenhouse gas emissions produced equal
the amount removed from the atmosphere.
• India's Target: Net zero by 2070
• Methods: Renewable energy, carbon capture, afforestation, energy
efficiency
Draft National Forest Policy 2018 – Key Highlights
Aspect Details
Forest Cover Goal Increase to 33% of geographic area
Climate Change Forests as carbon sinks; REDD+ implementation
Community Rights Recognize rights under Forest Rights Act, 2006
Public-Private Partnership Allow PPP in degraded forest lands
Agroforestry Promote trees outside forests
Wildlife Conservation Strengthen protected area network
Controversial Point PPP model criticized for potential privatization
• The establishment of the National Green Tribunal (NGT) in 2010
under the National Green Tribunal Act was a landmark development,
creating a specialized judicial body for effective and expeditious
disposal of environmental cases.
• The NGT has jurisdiction over matters relating to the enforcement of
environmental laws and provides relief and compensation for
damages to persons and property arising from environmental
violations. It has emerged as an important forum for environmental
justice, though concerns have been raised about its capacity and the
enforcement of its orders.
• India ratified the Paris Agreement in 2016 and submitted its
Nationally Determined Contributions (NDCs), committing to reduce
the emissions intensity of its GDP, increase the share of non-fossil
fuel-based power generation, and create additional carbon sinks
through forest and tree cover.
• In 2022, India updated its NDCs, committing to achieve net-zero
emissions by 2070, reduce emissions intensity by 45 percent from
2005 levels by 2030, and achieve 50 percent cumulative electric
power installed capacity from non-fossil fuel-based energy
resources by 2030.
Paris Agreement – Key Facts
Question Answer
Which COP? COP 21 (Paris, December 2015)
Mandatory to ratify? No – Voluntary, not legally binding
Countries set own targets; no penalties
NDCs binding?
for non-compliance
Trump withdrew in 2017; Biden rejoined
What happened with US?
in 2021
Because it's voluntary – no legal
Why US could withdraw?
enforcement mechanism
• Key Difference from Kyoto Protocol: Kyoto had binding targets for
developed nations; Paris is entirely voluntary with self-determined
contributions.
• However, the present-day status of environmental policy in India is
marked by significant contradictions and challenges. The Draft
Environmental Impact Assessment Notification of 2020 generated
widespread controversy for provisions that critics argued would dilute
environmental safeguards, including post-facto clearances, reduced
public consultation periods, and exemptions for certain categories of
projects.
• The Forest Conservation Rules of 2022 have been criticized for
facilitating forest diversion and undermining the rights of forest-
dwelling communities.
• Air pollution remains a severe crisis, with several Indian cities
consistently ranking among the most polluted in the world. Water
pollution, groundwater depletion, biodiversity loss, and climate
vulnerability continue to pose serious challenges. The
implementation gap between environmental laws on paper and their
enforcement on the ground remains a persistent problem, with
regulatory capture, inadequate monitoring capacity, and pro-
development bias undermining environmental governance.
Government Policy Towards Environmental
Issues
• The Government of India's policy approach towards environmental
issues has evolved significantly over the decades, reflecting changing
national priorities, international commitments, and growing
awareness of environmental challenges. The current policy
framework encompasses constitutional provisions, legislative
enactments, judicial pronouncements, executive policies, and
international obligations.
• The National Forest Policy of 1988 marked a paradigm shift from the
colonial approach of revenue extraction to an emphasis on
ecological balance and environmental stability. The policy set a
target of bringing 33 percent of the country's geographical area under
forest and tree cover, with 60 percent coverage in hilly and
mountainous regions. It introduced the concept of Joint Forest
Management (JFM), recognizing the role of local communities in
forest conservation and management. However, the actual forest
cover remains below the target, and the effectiveness of JFM has
been mixed.
• The National Environment Policy of 2006 articulated the
government's comprehensive approach to environmental
governance.
• The policy recognized that environmental protection is not only a
constitutional obligation but also a necessary condition for
sustainable development. It emphasized the integration of
environmental considerations into sectoral policies, the application of
the precautionary principle and polluter pays principle, the
importance of public participation in environmental decision-
making, and the need for environmental education and awareness.
The policy also acknowledged the rights of communities to
traditional knowledge and the need for equitable sharing of benefits
arising from the use of biological resources.
• Climate change has emerged as a central focus of government
environmental policy. The National Action Plan on Climate Change
(2008) established eight national missions addressing different
aspects of climate mitigation and adaptation. The National Solar
Mission has been particularly successful, with India achieving
significant growth in solar power capacity and becoming one of the
world's largest solar energy markets. The government has set
ambitious targets for renewable energy, aiming for 500 GW of non-
fossil fuel capacity by 2030. The International Solar Alliance, co-
founded by India, represents an effort to position the country as a
leader in global climate action.
• India's climate commitments under the Paris Agreement reflect a
balance between development needs and environmental
responsibility. The government has consistently argued for the
principle of common but differentiated responsibilities, emphasizing
that developed countries bear historical responsibility for climate
change and must take the lead in mitigation efforts while providing
financial and technological support to developing countries. India's
commitment to achieve net-zero emissions by 2070, while later than
the targets of many developed countries, represents a significant
undertaking given the country's development needs and energy
requirements.
• Several flagship government initiatives address specific environmental
challenges. The Swachh Bharat Mission, launched in 2014, focuses on
sanitation and waste management, aiming to eliminate open
defecation and improve solid waste management. The Namami
Gange Programme seeks to rejuvenate the Ganga River through
pollution abatement, conservation of biodiversity, and sustainable
development of the river basin. The Compensatory Afforestation
Fund Management and Planning Authority (CAMPA) manages funds
collected for compensatory afforestation when forest land is diverted
for non-forest purposes. The Green India Mission aims to increase
forest cover and improve ecosystem services. The PM-KUSUM
scheme promotes solar energy among farmers, and the National
Hydrogen Mission seeks to develop green hydrogen as a clean energy
source.
• The government has also promoted the concept of LIFE (Lifestyle for
Environment), emphasizing individual and community action for
environmental sustainability. This approach recognizes that
environmental protection requires not only regulatory measures but
also changes in consumption patterns and lifestyle choices.
• However, government policy towards environmental issues has faced
significant criticism. Critics argue that there is a fundamental tension
between the government's development agenda and environmental
protection, with economic growth consistently prioritized over ecological
concerns. The ease of doing business reforms have been accompanied by
streamlining of environmental clearances, which critics view as dilution of
safeguards. The Draft EIA Notification of 2020, though not yet finalized,
indicated a policy direction that many environmental groups found
alarming. The handling of forest rights, particularly the implementation of
the Forest Rights Act of 2006, has been criticized for failing to adequately
protect the rights of forest-dwelling communities. The capacity of
regulatory institutions, including pollution control boards and the Ministry
of Environment, remains inadequate relative to the scale of environmental
challenges.
• The judiciary, particularly the Supreme Court and the National Green
Tribunal, has played a crucial role in environmental governance, often
stepping in where executive action has been inadequate. Landmark
judgments have established important principles, ordered closure of
polluting industries, mandated pollution control measures, and protected
forests and wildlife. However, judicial intervention has its limitations, and
sustainable environmental governance ultimately requires effective
executive action, adequate institutional capacity, and genuine political
commitment to environmental protection.
• In conclusion, India's environmental policy has evolved from colonial
exploitation through post-independence neglect to the current framework
of comprehensive legislation, institutional mechanisms, and international
commitments. However, the gap between policy pronouncements and
ground-level implementation remains significant. Addressing India's
environmental challenges requires not only stronger laws and institutions
but also a fundamental reorientation of development priorities to
genuinely integrate environmental sustainability into economic planning
and governance.