Good Environmental Governance Constituents

• Social and political leadership and bureaucracy that are well-informed and concerned about sustainable development, that educate the general public about sustainability imperatives, and that have the far future in mind as much as the immediate future.
• Institutions that operate democratically, with accountability, transparency, and synergy.
• Stakeholder participation at various levels in decision-making and, if possible, execution.
• The focus shifted to basic development concerns, such as poverty reduction and environmental protection.
• Conservation imperatives, regional and cultural variety, equity and gender concerns must all be addressed in laws and policies that reflect a feasible reconciliation of the country’s growth.

Constitutional Provisions for Environment Protection: 

• Atomic energy and mineral resources; regulation and development of interstate rivers and river valleys; airways, aircraft, and air navigation; highways; shipping and navigation on national highways; major ports; regulation of mines and mineral development; development of oil fields, and so on are among the topics on the Union List that are environmentally appropriate.

• List II includes public health and sanitation, agriculture, communication, stock preservation, protection, and enhancement, and animal disease prevention, as well as water and land.

• List III, often known as the Concurrent List, includes topics such as forests, wild animal conservation, mining and mineral development, population control and family planning, small ports, factories, and energy.

• Article 262 gives Parliament sole authority to adopt legislation for the resolution of any dispute or complaint involving the usage, distribution, or control of waters in any interstate river or river valley.
• The Inter-State Water Dispute Act, 1956,  was enacted by the Indian Parliament in the exercise of the power provided by Article 262. All courts, including the Supreme Court, have no jurisdiction over such disputes, which are to be resolved by the Tribunal created by the Inter-State Water Dispute Act of 1956.
• Article 248 confers residuary legislative powers on Parliament. It empowers Parliament to pass laws on any subject not covered by the State or Concurrent lists.
• Article 253 of the Constitution authorises Parliament to enact laws to carry out any treaty, agreement, or convention with any other country or nations, as well as any decision reached at any international conference, association, or other body.
• According to Article 51(c), the state must make every effort to promote respect for international law and treaty obligations. These two articles authorise the Parliament to make actions based on any entries in it if it is required to carry out India’s treaty obligations. In reality, the Air [Prevention and Control of Pollution] Act of 1981 and the Environmental [Protection] Act of 1986 were both adopted under these Constitutional provisions.
• The Indian Parliament most likely passed the National Environmental Tribunal Act of 1995, the National Environment Appellate Authorities Act of 1997, and the Biodiversity Act of 2002 in response to the Earth Summit of 1992. The Constitutional (42nd Amendment) Act of 1976 was also born out of the United Nations Conference on Human Environment.
• Article 48A and Article 51A(g) were likewise added to the Constitution by the Constitutional (42nd Amendment) Act of 1976. Article 48A makes it a legal obligation for the Indian government to maintain, improve, and safeguard the country’s forests and animals.
• Indian residents have a fundamental responsibility to protect and develop the natural environment, including forests, lakes, rivers, and wildlife, as well as to have compassion for all living creatures, according to Article 51A(g) of the Indian Constitution. As a result, it is the responsibility of the Union, States, and residents of India to conserve and improve the quality of the environment.

Local Government on Environmental Governance: 

• Agriculture, minor irrigation, water management, and watershed development are all areas that the Panchayat can handle. Other areas include animal husbandry, land improvement and soil conservation, fisheries, social forestry, rural housing, drinking water, fuel and fodder, electricity, and non-conventional energy sources.
• The municipality can take on tasks such as town planning, land use regulation, and building construction; urban forestry, environmental protection, and ecological promotion; provision of urban amenities and facilities such as parks and gardens; cattle ponds and animal cruelty prevention; and regulation of slaughterhouses and tanneries.

Way Forward: 

• In a world where the oceans, woods, and climate are receiving more attention, going green can actually be a path to growth. The world is witnessing a renewable energy revolution, which gives countries in the best position to capitalise on the opportunity and a competitive advantage.
• The circular economy proposes that waste generated by one industrial activity be used as input for another, resulting in efficiency gains with both environmental and economic benefits. There is increasingly greater room for growth by helping the environment rather than destroying it.
• Finally, smarter environmental governance is required for long-term growth. Every environmental concern is currently waiting for a decisive court or administrative resolution. To fulfil many social and ecological goals, we must combine effective regulation, behavioural change, and technical solutions.