PAPER 3.5. ENVIRONMENTAL LAWS (QUESTION-ANSWER SERIES)

PAPER 3.5. ENVIRONMENTAL LAWS

UNIT - I Introduction: Historical development of Environment Law, International and Indian Jurisprudence; Components of Environment, Ecology, Ecosphere and Biosphere; Meaning and Definition of Environment, Environmental Pollution, Its kinds: (Natural and Artificial – Air, Water, Noise, Soil), Causes and Effects; Nature of Environmental Law - Public Law or Private Law; Common Law Aspects of Environmental Law: Nuisance, Trespass, Negligence, Absolute and Strict Liability; Criminal Liability and Environment Protection: Offences Affecting Public Health and Safety under Indian Penal Code, 1860 and Section 133 of Cr.P.C.;

UNIT - II Environment Protection under the Constitution of India: Fundamental Rights, Directive Principles of State Policies, Fundamental Duties, Implementation of International obligations; Distribution of Legislative Powers; Remedies; Writ Jurisdiction of High Court and Supreme Court; Public Interest Litigation and Environment Protection; Role of Indian Judiciary;

UNIT - III The Environment (Protection) Act, 1986; National Green Tribunal Act, 2010:The Wild Life (Protection) Act, 1972: Importance and Objectives of these Acts, Meaning and Definitions of Key Words Provided Under These Acts, Salient Features of the Acts and Judicial Responses;

 UNIT - IV The Water (Prevention and Control of Pollution) Act, 1974;The Air (Prevention & Control of Pollution) Act, 1981; The Forest Act,1927; The Forest (Conservation) Act, 1980; The Biological Diversity Act, 2002; Rajasthan Biological Diversity Rules, 2010; The Rajasthan Noise Control Act, 1963:Importance and Objectives of these Acts, Meaning and Definitions of Key Words Provided Under These Acts, Salient Features of the Acts and Judicial Responses;

UNIT - V Principles of International Environmental Law and Their Relevance in India: Stockholm Conference, 1972, Rio Summit or Earth Summit-I, 1992; United Nations Environment Programme (UNEP), Convention on Biological Diversity, Earth Summit - II, 1997; World Summit on Sustainable Development, 2002, United Nations Framework Convention on Climate Change (UNFCCC), 2015; Responsibility of States in Protection of Environment; Trans-boundary Pollution and State‘s Responsibility; Contemporary Developments; Principles of Environmental Jurisprudence by Judiciary in India;

LEADING CASES: 1) A.P. Pollution Control Board v. Prof. M.V. Nayudu AIR 1999 SC 812 2) Enviro-Legal Action v. Union of India AIR 1996 SC 1446 3) M.C. Mehta and Anr. v. Union of India &Ors. AIR 1997 SC 734 4) M.C. Mehta v. Kamal Nath 1997(1) SCC 388. 5) M.C. Mehta v. Union of India &Ors. 1991 SCC (2) 353 6) M.C. Mehta v. Union of India &Ors. AIR 1988 4 SCC 471 7) M.C. Mehta v. Union of India AIR 1987 SC 965 8) Municipal Council, Ratlam v. Shri Vardhichand & Ors. AIR 1980 SC 1622 9) People‘s Union for Democratic Rights v. Union of India 1982 (2) SCC 253 10) Rural Litigation and Entitlement Kendra Dehradun &Ors. v. State of U.P. & Ors. AIR 1985 SC 652 11) Union Carbide Corporation &Ors. v. Union of India &Ors., 1991 4 SCC 584 12) Vellore Citizens‘ Welfare Forum v. Union of India AIR 1996 SC 2715