Environmental Law Notes for LLB Students

Environmental Law is a core or elective paper across Indian LL.B. courses. These notes cover the key statutes and doctrines examined.

Core Legislative Framework

The Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986 (enacted after the Bhopal gas tragedy, giving the central government overarching power to protect and improve the environment) form the primary regulatory framework, alongside the Wild Life (Protection) Act, 1972 and the Forest (Conservation) Act, 1980.

Constitutional Basis

Article 48A (Directive Principle: the State shall endeavour to protect and improve the environment) and Article 51A(g) (Fundamental Duty of every citizen to protect the natural environment) together ground environmental protection constitutionally; the Supreme Court has read the right to a clean and healthy environment into Article 21’s right to life.

Key Judicial Doctrines

The Polluter Pays Principle and the Precautionary Principle were recognised as part of Indian environmental law in Vellore Citizens’ Welfare Forum v. Union of India (1996) and Indian Council for Enviro-Legal Action v. Union of India (1996). M.C. Mehta v. Union of India (1987, Oleum Gas Leak) established the doctrine of Absolute Liability for hazardous industries, going beyond the English rule in Rylands v. Fletcher.

National Green Tribunal Act, 2010

Established the National Green Tribunal (NGT) as a specialised body for effective and expeditious disposal of environmental cases, with original jurisdiction over substantial questions relating to environment and the power to grant relief, compensation, and restitution.

Climate Change and Recent Developments

India’s climate commitments (updated NDCs under the Paris Agreement) and the Supreme Court’s 2024 recognition of a distinct right against the adverse effects of climate change (in M.K. Ranjitsinh v. Union of India) are increasingly examined in current LL.B. syllabi.

Key exam questions to prepare

• Explain the Polluter Pays and Precautionary Principles with case law.
• Jurisdiction and powers of the National Green Tribunal.
• How does Article 21 ground the right to a healthy environment?

More: all LL.B. subject notes