Indian Legal System > Civil Laws > Environmental Laws > Constitutional and Statutory Provisions > Centre-State Relations
The constitution of India is not an inert but a living document which evolves and grows with time. When our constitution was drafted it did not contain any specific provisions on the environment and even the word “Environment” did not find a place in the constitution. However, there are many items in the legislative lists which enable the Centre and the State to make laws in the field of environment like public health, sanitation, agriculture, etc. In India, the concern for environmental protection has not only been raised to the status of fundamental law of the land i.e. the Constitution of India, but it is also associated with human rights. It is the basic human right of every individual to live in a pollution-free environment with full human dignity. The subject of environmental protection is kept in the concurrent list of the Constitution.
The Preamble of Constitution:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith, and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
The preamble of the Constitution says that our country has a “Socialistic” approach of the government. In the socialist pattern of the government, the State pays more attention to social problems than individual problems. Environmental pollution has emerged as one of the biggest social problems. Hence it is being regarded as a real problem affecting the society at large. Hence the state is under an obligation to fulfill the basic aims of socialism, that to provide a decent standard of living to all which can be possible from a pollution-free environment. The preamble also guarantees justice, social, economic and political. Justice also includes environmental justice. The Preamble also declares India that India is a “Democratic Republic” country. In a democratic setup, people have the right to participate in government decisions. They also have the right to know and access to information on government policies. It is very much important for the success of environmental policies.
Union- State Relation and Environment:
India has a federal system of governance. Under the federal system, governmental power is shared between the Union and the State governments. Part XI of the Constitution governs the legislative and administrative relations between the union and the states. Parliament has the power to legislate for the whole country, while the State Legislatures are empowered to make laws for their respective states. Article 246 of the Constitution divides the subject areas of legislation between the union and the states into three Lists:
- The Union List (List I) in the seventh schedule to the Constitution contains subjects over which only the Parliament has exclusive power to legislate. This includes defence, foreign affair, atomic energy, inter-state transportation. Shipping, major ports, regulation of air traffic, regulation and development of oil fields, mines and mineral development and inter-state rivers.
- The State List (List II) in the seventh schedule to the Constitution contains subjects over which only State Legislatures have exclusive powers to legislate. It includes public health and sanitation, agriculture, water supplies, irrigation and drainage, and fisheries.
- The Concurrent List (List III) in the seventh schedule to the Constitution contains subjects on which both Parliament and State Legislatures can legislate. Concurrent List includes forest, the protection of wildlife, mines and mineral developments not covered in the union list, population control, and family planning, minor ports and factories.
- Residual Power: Parliament has residual power to legislate on subjects not covered by the three lists.
The subject of the forest, the protection of wildlife is moved from the State List to the Concurrent List by 42nd Constitution Amendment Act, 1976.
When a Central Law conflicts with a State Law on a concurrent subject the Central Law prevails. A State Law passed subsequent to the Central Law will prevail, however, if it has received Presidential assent under Article 254.
The Parliament is also empowered to legislate in the ‘national interest’ on matters enumerated in the State List. Parliament may also enact Laws on State subjects. E.g. the Water (Prevention and Control of Pollution) Act of 1974 was enacted by the Parliament pursuant to consent resolution passed by the State Legislatures
International Conventions and Indian Approach:
The objectives of international environmental agreements would be effectively achieved if all relevant states become parties to them and rigorous implementation including monitoring of compliance was ensured. India is a contracting party or signatory to various international treaties and agreements relating to regional or global environmental issues.
Article 253 of the Constitution empowers the Parliament “to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body”. Article 253 read with Entries no. 13 and 14 of the Union List is that the Parliament can pass any law on environment protection and the same cannot be questioned before the courts on the ground that the Parliament lacked legislative competence. Thus the Parliament has very wide power of legislation including the subjects mentioned in the State List provided those issues are addressed at any international conferences, association or other body or it is the implementation of any international treaty, agreement or convention.
In Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647 at 660 case, the Supreme Court held that it is almost an accepted proposition of law that the rules of customary International Law which are not contrary to the Municipal Law shall be deemed to have been incorporated in the domestic law and shall be followed by the courts of law.
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