Key Environmental Laws in India
1.1 Umbrella Legislation
| Law | Year | Key Provisions |
|---|---|---|
| Environment (Protection) Act (EPA) | 1986 | Umbrella legislation enacted after the Bhopal Gas Tragedy (1984); empowers Central Government to take measures for environmental protection; power to set standards for emissions/discharges; prohibit or regulate industrial activities in environmentally sensitive areas; amended through Jan Vishwas Act, 2023 (decriminalised certain offences, replaced with monetary penalties effective 1 April 2024) |
1.2 Pollution Control Laws
| Law | Year | Key Provisions |
|---|---|---|
| Water (Prevention and Control of Pollution) Act | 1974 | First major environmental law in India; established Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs); regulates discharge of pollutants into water bodies; requires consent for establishing/operating polluting industries |
| Water Cess Act | 1977 | Levies cess on water consumed by industries; revenue used to fund CPCB/SPCBs |
| Air (Prevention and Control of Pollution) Act | 1981 | Framework for prevention, control, and abatement of air pollution; extended CPCB/SPCB mandate to air quality; designates air pollution control areas; amended through Jan Vishwas Act, 2023 (decriminalisation effective 1 April 2024) |
1.3 Forest and Wildlife Laws
| Law | Year | Key Provisions |
|---|---|---|
| Indian Forest Act | 1927 | Classifies forests into Reserved, Protected, and Village forests; regulates transit of forest produce |
| Wildlife (Protection) Act | 1972 | Provides legal framework for protection of wild animals and plants; establishes National Parks, Wildlife Sanctuaries; creates NBWL (National Board for Wildlife); schedules for protection (I to IV); 2022 Amendment: aligned with CITES; added new Chapter VB for regulating international trade; rationalised schedules from six to four; established Wildlife Crime Control Bureau provisions; addressed human-wildlife conflict |
| Forest (Conservation) Act | 1980 | Restricts diversion of forest land for non-forest purposes; requires prior Central Government approval; 2023 Amendment (Forest Conservation Amendment Act): renamed as Van (Sanrakshan Evam Samvardhan) Adhiniyam; exempted land within 100 km of international borders for strategic/security projects; exempted forest land up to 10 hectares for security infrastructure; exempted plantations raised on non-forest land; added provisions for assignment of forest land for certain purposes |
1.4 Biodiversity Law
| Law | Year | Key Provisions |
|---|---|---|
| Biological Diversity Act | 2002 | Enacted to implement the Convention on Biological Diversity (CBD); established three-tier structure: National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs), Biodiversity Management Committees (BMCs at local level); regulates access to biological resources; ensures equitable benefit sharing; requires prior approval for foreign access to Indian biological resources; 2023 Amendment: decriminalised certain offences; introduced "registered AYUSH practitioners" provisions; replaced benefit-sharing with "access and benefit sharing" framework |
Environmental Impact Assessment (EIA)
2.1 EIA Notification 2006
| Parameter | Detail |
|---|---|
| Authority | MoEFCC (Ministry of Environment, Forest & Climate Change) |
| Legal Basis | Issued under EPA 1986 |
| Categorisation | Category A (Central appraisal by EAC); Category B (State appraisal by SEAC) — further divided into B1 (requires EIA) and B2 (no EIA required) |
| Process | Screening, Scoping, Public Consultation (minimum 30 days), Appraisal, Decision |
| Validity of EC | Varies by project type (mining: 30 years; river valley: 10 years; others: 7-10 years) |
2.2 Draft EIA Notification 2020 (Controversy)
| Issue | Detail |
|---|---|
| Released | 11 April 2020 |
| Purpose | Proposed to replace EIA 2006 |
| Public Consultation Period | Reduced from 30 days to 20 days |
| Post-facto Clearance | Allowed ex-post facto environmental clearance for projects that started without approval (subject to penalties) |
| Exemptions | Expanded list of projects exempt from public hearings |
| Public Response | 17 lakh representations received; widespread protests including #ScrapEIA2020 campaign |
| Concerns | Dilution of public participation; legalising violations; reduced transparency; threat to ecologically sensitive areas like Western Ghats |
| Current Status | Remains unfinalised as of 2025 |
Coastal Regulation Zone (CRZ)
3.1 CRZ Notification 2019
| Zone | Definition | Restrictions |
|---|---|---|
| CRZ-I | Ecologically sensitive: mangroves, corals, salt marshes, turtle nesting grounds, inter-tidal zone | No new construction permitted; only eco-tourism activities |
| CRZ-II | Developed urban areas up to or close to the shoreline | Existing Floor Space Index (FSI) norms apply; reconstruction of authorised structures allowed |
| CRZ-IIIA | Rural areas with population density > 2,161 per sq. km | No Development Zone (NDZ) reduced to 50 m from HTL (from 200 m under 2011 notification) |
| CRZ-IIIB | Rural areas with population density < 2,161 per sq. km | NDZ of 200 m from HTL retained |
| CRZ-IV | Water area from Low Tide Line (LTL) to 12 nautical miles seaward; tidal-influenced water bodies | No new construction except for traditional fishing and allied activities |
| Key Change (2019 vs 2011) | Detail |
|---|---|
| NDZ Reduction | CRZ-IIIA reduced from 200 m to 50 m from HTL |
| Tourism | Temporary tourism facilities (eco-tourism, home stays) permitted in CRZ-III areas |
| CRZ clearance | Streamlined; delegated to State Coastal Zone Management Authorities for CRZ-II and CRZ-III |
| Island Protection | Separate Island Coastal Regulation Zone (ICRZ) notification retained |
Compensatory Afforestation Fund Act (CAMPA), 2016
| Parameter | Detail |
|---|---|
| Enacted | 3 August 2016 |
| Rules Notified | 10 August 2018 |
| Purpose | Manage funds collected as compensation for forest land diverted for non-forest use under Forest (Conservation) Act, 1980 |
| Funds | National Compensatory Afforestation Fund (under Public Account of India) and State Compensatory Afforestation Funds |
| Utilisation | Compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value (NPV) |
| Management | National CAMPA Advisory Council (chaired by Union Environment Minister); State CAMPA bodies |
| Total Corpus | Over Rs 54,000 crore accumulated (as of 2023) |
| Key Principle | Afforestation of equivalent non-forest area or double the area of degraded forest to compensate forest diversion |
Key Environmental Institutions
5.1 Domestic Institutions
| Institution | Established | Role |
|---|---|---|
| MoEFCC | 1985 (originally MoEF; renamed 2014) | Apex ministry for environmental policy, conservation, and regulation |
| CPCB (Central Pollution Control Board) | 1974 (under Water Act) | Sets national ambient air and water quality standards; coordinates SPCBs; monitors compliance |
| SPCBs (State Pollution Control Boards) | 1974 | Enforce pollution control laws at state level; grant consent to establish/operate industries |
| National Green Tribunal (NGT) | 18 October 2010 | Statutory judicial body for environmental disputes (see detailed section below) |
| National Board for Wildlife (NBWL) | Under Wildlife Act, 1972 | Chaired by PM; advises on wildlife conservation; approves projects in/near protected areas |
| National Biodiversity Authority (NBA) | 2003 (under BD Act, 2002) | Headquartered in Chennai; regulates access to biological resources; ensures benefit sharing |
| Wildlife Crime Control Bureau (WCCB) | 2007 | Under MoEFCC; combats wildlife trafficking and organised wildlife crime |
| Forest Survey of India (FSI) | 1981 | Publishes biennial India State of Forest Report (ISFR); assesses forest cover |
5.2 National Green Tribunal (NGT) — Detailed
| Parameter | Detail |
|---|---|
| Established | 18 October 2010, under the National Green Tribunal Act, 2010 |
| India's Distinction | First dedicated environmental tribunal in a developing country |
| Headquarters | New Delhi |
| Zonal Benches | Bhopal, Pune, Kolkata, Chennai |
| Current Chairperson | Justice Prakash Shrivastava (since August 2023) |
| Composition | Chairperson (retired SC judge or HC Chief Justice) + 10-20 Judicial Members (retired SC/HC judges) + 10-20 Expert Members (MSc/MTech with environmental experience) |
| Appointment | By Central Government; Chairperson in consultation with CJI |
| Tenure | 5 years or age limit (Chairperson: 70; Judicial Members: 67/70; Expert Members: 65) |
| Jurisdiction | All civil cases involving substantial questions relating to environment under 7 laws listed in Schedule I |
5.3 NGT Schedule I Laws
| S. No. | Law |
|---|---|
| 1 | Water (Prevention and Control of Pollution) Act, 1974 |
| 2 | Water (Prevention and Control of Pollution) Cess Act, 1977 |
| 3 | Forest (Conservation) Act, 1980 |
| 4 | Air (Prevention and Control of Pollution) Act, 1981 |
| 5 | Environment (Protection) Act, 1986 |
| 6 | Public Liability Insurance Act, 1991 |
| 7 | Biological Diversity Act, 2002 |
5.4 NGT Key Principles Applied
| Principle | Application |
|---|---|
| Sustainable Development | Balances economic development with environmental protection |
| Precautionary Principle | Lack of full scientific certainty is not a reason to postpone cost-effective measures to prevent environmental degradation |
| Polluter Pays Principle | The entity causing pollution bears the cost of remediation and compensation |
International Environmental Governance
6.1 Key Multilateral Environmental Agreements (MEAs)
| Agreement | Year | Key Features | India's Status |
|---|---|---|---|
| UNFCCC | 1992 (Rio Earth Summit) | Framework convention to combat climate change; principle of Common but Differentiated Responsibilities (CBDR); COP is supreme decision-making body | Ratified 1993; party to all COPs |
| Kyoto Protocol | 1997 (effective 2005) | Legally binding emission reduction targets for Annex I (developed) countries; Clean Development Mechanism (CDM); no binding targets for developing countries | Ratified 2002; no binding targets (non-Annex I) |
| Paris Agreement | 2015 (COP 21) | Bottom-up approach: Nationally Determined Contributions (NDCs); limit warming to well below 2 degrees C, pursue 1.5 degrees C; no distinction between developed and developing; Global Stocktake every 5 years | Ratified 2016; updated NDC 2022 |
| Montreal Protocol | 1987 | Phase-out of ozone-depleting substances (ODS) like CFCs; Kigali Amendment (2016) added HFC phase-down; most successful environmental treaty | Ratified 1992; ratified Kigali Amendment 2021 |
| Stockholm Convention | 2001 (effective 2004) | Eliminates or restricts Persistent Organic Pollutants (POPs); 12 initial POPs ("dirty dozen") | Ratified 2006 |
| Basel Convention | 1989 (effective 1992) | Regulates transboundary movement of hazardous wastes; prior informed consent; environmentally sound management | Ratified 1992 |
| Convention on Biological Diversity (CBD) | 1992 (Rio Earth Summit) | Three objectives: conservation of biodiversity, sustainable use, equitable benefit sharing from genetic resources; Nagoya Protocol (2010) on access and benefit sharing; Kunming-Montreal Global Biodiversity Framework (2022, COP 15) with 30x30 target | Ratified 1994; host to COP 11 (Hyderabad, 2012) |
| CITES | 1973 (effective 1975) | Regulates international trade in endangered species; three Appendices (I: ban; II: regulated; III: voluntary listing); ~40,000 species covered | Party since 1976 |
6.2 India's NDC under Paris Agreement
| Commitment | Target |
|---|---|
| Emissions Intensity | Reduce emissions intensity of GDP by 45% by 2030 from 2005 level (updated NDC 2022; original target 33-35% achieved ahead of schedule) |
| Non-Fossil Energy | Achieve 50% cumulative electric power installed capacity from non-fossil sources by 2030 (updated from 40%) |
| Carbon Sink | Create additional carbon sink of 2.5-3 billion tonnes CO2 equivalent through additional forest and tree cover by 2030 |
| Net-Zero Target | Achieve net-zero emissions by 2070 (announced at COP 26, Glasgow, 2021) |
| Panchamrit Pledges | 500 GW non-fossil energy capacity by 2030; 50% renewable energy by 2030; reduce 1 billion tonnes CO2 by 2030 |
Important for UPSC
Key Themes for Prelims
- Year of enactment of environmental laws (EPA 1986, Air Act 1981, Water Act 1974, etc.)
- NGT: establishment year, composition, Schedule I laws, principles applied
- CRZ zones and NDZ distances
- EIA notification 2006 — categories A and B
- Wildlife Protection Act schedules (I to IV post-2022 amendment)
- Forest Conservation Amendment Act 2023 — key exemptions
- International conventions — year, objective, India's ratification status
- DPDP Act vs EPA — different domains, same year (2023)
- Paris Agreement vs Kyoto Protocol differences
- Montreal Protocol and Kigali Amendment
Key Themes for Mains (GS-III)
- EIA as a tool for sustainable development — strengths and weaknesses
- Draft EIA 2020 controversy and implications for environmental governance
- Role of NGT in environmental justice — achievements and limitations
- Forest Conservation Amendment 2023 — development vs conservation debate
- India's climate commitments and progress on NDCs
- Effectiveness of CAMPA in compensatory afforestation
- Balancing coastal development with environmental protection (CRZ)
- International environmental governance and India's leadership role
Previous Year Questions (PYQs)
Prelims
Q1. (2019): In India, the term "weights and measures" is mentioned in which of the following? This is a related governance question. More directly on environment:
Q1. (2022): With reference to the National Green Tribunal (NGT), consider the following statements:
- NGT was established under the Environment Protection Act, 1986.
- NGT has jurisdiction over all civil cases relating to environmental issues.
- NGT applies the principle of "polluter pays" while passing orders.
Which of the above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 3 only (d) 1, 2 and 3 Answer: (b) (NGT was established under the NGT Act, 2010, not EPA 1986. It has jurisdiction over civil cases involving substantial questions under 7 laws in Schedule I, and it applies polluter pays principle) (Prelims PYQ)
Q2. (2014): Consider the following pairs:
- Montreal Protocol — Ozone-depleting substances
- Kyoto Protocol — Climate change
- Basel Convention — Hazardous waste
Which of the above is/are correctly matched? (a) 1 and 2 only (b) 2 only (c) 1, 2 and 3 (d) 1 and 3 only Answer: (c) (All three are correctly matched) (Prelims PYQ)
Q3. (2020): With reference to Compensatory Afforestation Fund, consider the following statements:
- The fund is managed by the National CAMPA Advisory Council.
- It can only be used for compensatory afforestation.
Which of the above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (a) (CAMPA funds can also be used for additional compensatory afforestation, penal compensatory afforestation, NPV, wildlife protection, and other specified purposes) (Prelims PYQ)
Mains
Q4. (2020): How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006? (GS Paper III, 250 words)
Q5. (2018): How does biodiversity vary in India? How is the Biological Diversity Act, 2002 helpful in conservation of flora and fauna? (GS Paper III, 250 words)
Q6. (2024): What role do environmental NGOs and activists play in influencing Environmental Impact Assessment (EIA) outcomes for major projects in India? Cite four examples with all important details. (GS Paper III, 250 words)
Q7. (2017): 'The Paris Agreement on climate change is both a landmark and a launchpad.' Discuss. (GS Paper III, 250 words)
Current Affairs Connect
| Resource | Link |
|---|---|
| Environment News | Ujiyari -- Environment |
| Climate & Policy | Ujiyari -- Governance |
| Editorials | Ujiyari -- Editorials |
| Daily Updates | Ujiyari -- Daily Updates |
Sources: moef.gov.in (MoEFCC), cpcb.nic.in (CPCB), greentribunal.gov.in (NGT), legislative.gov.in (India Code), pib.gov.in (Press Information Bureau), prsindia.org (PRS Legislative Research), unfccc.int (UNFCCC), cbd.int (Convention on Biological Diversity), unep.org (UNEP), environmentclearance.nic.in (EIA/EC Portal)