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INTRODUCUTION Environmental resources are an important ingredient of

economic progress and improvement of quality of life of the society and good
environmental management is an important means of ensuring the environment
conservation. Environmental resources are increasingly coming under the
pressure from various facets of development. The consumption of natural
resources viz.,
air, water, land and biota, in the production process of economic activity, the
discharges from it and the quality of life improvement shall have to keep in mind
the finite resource base, the rights of people, legal framework and the
implications of ones actions. Essentially, the economic development of society
has to be sustainable from several points of view socio-economic, ecological,
legal and environmental.
Institutional as well as non-institutional mechanisms for ensuring that the long

term sustenance of environmental resources does not get hampered hold great
importance. Initiatives have been taken autonomously by various government
departments in India to improve the governance process of environmental
conservation, which need to be put in proper perspective.
However, still there exists a large vacuum in the governance of key natural
resources like surface and ground water resource management, environmental
forestry, land use management. It is in the form of lack of institutional
mechanisms, institutional fragmentation, and the lack of appropriate
implementation frameworks. Among various levels of environmental governance,
the most effective is the local level for efficient management and utilization of
natural resources.
Democratic decentralization in the country has been path-breaking. However, the

third tier of governance has not been as involved and effective in managing
environmental resources as it ought to be. The result is overall deterioration and
degradation of our natural resource base.
Within the mandate of PRIs, there is a great deal of responsibility on them for
environmental conservation. Developing organic linkages between various
community initiatives and PRIs could perhaps, be a constructive step towards
saving the natural resource base in the country.
Conserving natural resource base in the country through effective environmental

governance at the local level is one of the last chances of protecting integrity of
various ecosystems. As the livelihood of millions depend on healthy ecosystems,
accelerated efforts for conservation of natural resources could only prevent an
impending catastrophe.
After over a decade and a half of the enactment of 73rd and 74th Amendments
to the Constitution it is perhaps, appropriate to deliberate on the barriers to and
the way forward in shaping up effective environmental governance at the local
level involving the Panchayat Raj Institutions (PRIs). ENVIROMENTAL
GOVERNANCE AND SUSTAINABLE DEVOLOPMENT Sustainable Development
means an integration of development and environment imperative it means
development in harmony with environmental consideration. To be sustainable,
development must possess both economic and ecological sustainability.
It is a development process where exploitation of resources, direction of

investment, orientation of technology development and institutional changes are
all in harmony. Sustainable development also implies local control over the
resource use, and is the only path for conserving and promoting socio-economic
wellbeing in a democratic form. The concept of Environmental Governance and
Sustainable Development is supplementary and complimentary to each other.
Both environmental governance and good governance ideally lead to sustainable

development, a major departure, however, comes in the form of good
environmental governance reflecting sustainable quality of life improvement not
only from the view point of human/community needs, but also from the larger
societal point of view while keeping in mind the finite resource base and the
implications of actions within and between the generations.
However, given the common objective of sustainable development, it can be

affirmed that the principles of good governance can also usher in good
environmental governance. The common goal of sustainable development of the
society has several aspects, which include laws, policies and mechanisms of
implementation, institutions, equity, gender sensitivity, national and international
conventions, democratic processes, participatory decision making and respect for
diversity.
To resurrect environmental problems as an international commitment; a number

of legislative and policy measures were adopted at all level. The multiplicity of
environmental measures is further compounded to create various authorities to
make effective implementation of all such measures. Although these regulatory
agencies remarkably involved in planning and implementation of the measure;
the various reports highlights the inadequacy in handling development and
environmental issues.
This has significantly raised a doubt that legal elements of the concept of
Sustainable Development are a part of environmental governance in India.
Though the inspiration can be drawn from the Constitution of India to safeguard
environment as it is vehemently specified in various Articles provided in
Fundamental Rights, Fundamental Duties and Directive Principle of State Policies,
a little has it seems, been done in coherence to such obligations.
Not only this, parliament did make that extra push by inserting Part IX and Part
IXA through amendments to formalize the PRIs institutions. Unfortunately the
purpose of formation of these institutions can be seen only on papers as it does
not reflect from the ground realities. There is an evident need to understand that
the preservation of environment can be done more effectively at grass root level
than at State or Central level.
The sustainable development should start from down-to-up the food chain and
not vice versa. It is also of importance to acknowledge that unlike many other
social welfare legislations where it is the governments duty to provide the same,
the obligation to secure wholesome environment rests on the shoulders of both
the government and the people of the nation.
The ideals enshrined in the constitution can only be reached if the society as
whole adheres to them. Accusing the government for its loopholes in policies and
casual attitude in implementation will not solve the issue. CONSTITUTIONAL
SAFEGUARD TO WHOLESOME ENVIROMENT To protect and improve the
environment is a constitutional mandate.
It is the commitment for a country wedded to the ideas of a welfare State. The
Indian constitution contains specific provisions for environmental protection
under the chapters of Directive Principles of the State Policy and Fundamental
Duties.
The absence of any specific provision in the Constitution recognizing the

fundamental right to (clean and wholesome) environment has been set off by
judicial activism in the recent times. Preamble The preamble of our Constitution
provides that our country is based on Socialistic pattern of society, where the
State pays more attention to the social problems than on any individual
problems.
Environmental pollution which has emerged as one of the biggest social

problems is being regarded as a real problem affecting the society at large and
thus state is under an obligation to fulfil the basic aim of socialism, that is, to
provide decent standard of living to all which can be possible from a pollution
free environment. The preamble further declares that, the great rights and
freedoms which the people of India intended to secure all citizens include justice,
social, economic and political. Justice also includes environmental justice.
Although the particular word environment does not find a place here, we can
very well interpret this to include environmental justice. Environment as a subject
matter has entered in our day to-day life in such a way that we cannot ignore
deliberations on environmental matters when discussing about socio-economic
or socio-political scene of the country Environmental justice is also supported by
the words of K.S.
Dakshinamurty that, Environment as a subject, environment as a concern and

environment as part of socio- economic-political structure in the country seems
to have taken of. In fact it has entered the structure in such a way that no
intellectual, political or academic discourse is complete without it. The Preamble
also declares India to be a Democratic Republic. In a democratic set up, people
have the right to participate in government decisions.
They also have the right to know and access to information of government
policies which is very important for the success of the environment policies.
Article 47 The basic principle embodied in the Article 47 very clearly denies the
statement to some of the learned authors that initially our Constitution was
environmentally blind and environment as a subject has been left out of the
Constitution.
Article 47 calls upon the State to perform the basic duty to look after the health
of the citizen and also take necessary and effective steps to improve their
standard of living and also raise the level of nutrition. Improvement of public
health forms the core of environment because due to various environmental
hazards it is the health of the general people which comes under severe threat.
In order to protect the health the framers of the Constitution gave emphasis on
the improvement of public health which is more vital for the existence of the
mankind. In the present times several factors account for the pollution hazards
which is going beyond control. The pollution of water and air spoils the nature
very well and affect our health.
Therefore, taking into consideration, the Constitution very aptly recognized the
right to health and casts a responsibility upon the State making it obligatory to
work for improving the health of the citizens. Article 48A. A global adaption
consciousness for the protection of the environment in the seventies prompted
the Indian Government to enact the 42nd Amendment (1976) to the Constitution.
The said amendment added Art. 48A to the Directive Principles of State Policy. It
Declares:- the State shall endeavor to protect and improve the environment and
to safeguard the forests and wildlife of the country. Art. 51(A) (g) to protect and
improve the natural environment including forest, lakes, rivers and wildlife, and to
have compassion for living creatures.
The amendments also introduced certain changes in the Seventh Schedule of the
Constitution. Forest and Wildlife were transferred from the State list to the
Concurrent List. This shows the concern of Indian parliamentarian to give priority
to environment protection by bringing it out the national agenda.
Although unenforceable by a court, the Directive Principles are increasingly being

cited by judges was a complementary to the fundamental rights. In several
environmental cases, the courts have guided by the language of Art. 48A. and
interpret it as imposing an obligation on the government, including courts, to
protect the environment. In L.K
Kollwal V State of Rajasthan, a simple writ petition by citizens of Jaipur compelled

the municipal authorities to provide adequate sanitation. The court observes that
when every citizen owes a constitutional duty to protect the environment
(Art.51A), the citizen must be also entitled to enlist the courts aid in enforcing
that duty against recalcitrant State agencies.
The Court gave the administration six month to clean up the entire city, and
dismissed the plea of lack of funds and staff. The Public Trust Doctrine, evolved in
M.C. Mehta v. Kamal Nath, states that certain common properties such as rivers,
forests, seashores and the air were held by Government in Trusteeship for the
free and unimpeded use of the general public.
Granting lease to a motel located at the bank of the River Beas would interfere
with the natural flow of the water and that the State Government had breached
the public trust doctrine. A matter regarding the vehicular pollution in Delhi city,
in the context of Art 47 and 48 of the Constitution came up for consideration in
M.C. Mehta vs.
Union of India (Vehicular Pollution Case). It was held to be the duty of the
Government to see that the air did not become contaminated due to vehicular
pollution. The Apex court again confirming the right to healthy environment as a
basic human right stated that the right to clean air also stemmed from Art 21
which referred to right to life. This case has served to be a major landmark
because of which lead-free petrol supply was introduced in Delhi.
There was a complete phasing out old commercial vehicles more than 5 years old
as directed by the courts. Delhi owes its present climatic conditions to the
attempt made to maintain clean air. Article 246 Art.246 of the Constitution
divides the subject areas of legislation between the Union and the States.
The Union List (List I) includes defense, foreign affairs, atomic energy, intestate
transportation, shipping, air trafficking, oilfields, mines and inter-state rivers. The
State List (List II) includes public health and sanitation, agriculture, water supplies,
irrigation and drainage, fisheries. The Concurrent list (List III) (under which both
State and the Union can legislate) includes forests, protection of wildlife, mines
and minerals and development not covered in the Union List, population control
and factories. Parliament has residual power to legislate on subjects not covered
by the three Lists.
The parliament is also empowered to legislate in the national interest on matters
enumerated in the State List. In addition Parliament may enact Laws on State
subjects, for States whose legislatures have consented to central legislatures.
From an environmental standpoint, the allocation of legislative authority is an
important one some environmental problem such as sanitation and waste
disposal, are best tackled at the local level; others, like water pollution and
wildlife protection, are better regulated uniform national laws.
Article 253 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.
India is under an obligation to translate the contents and decisions of

International Conferences, treaties and agreements into the stream of national
law. Article 51(c) provides that the State shall endeavor to foster respect for
international law and treaty obligations in the dealings of organized people with
one another. Art.253 of the Constitution empowers Parliament to make laws
implementing Indias international obligations as well as any decision made at an
international conference, association or other body. Art.253 states:
Notwithstanding anything in the foregoing provision provisions of this chapter,
Parliament has power 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.
In view of the broad language used in Article 253 as also in entries 13 and 14 in
Union List, 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. The first consequence of
the broad provisions on the environment protection in view of 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. Secondly, in India
the Parliament has made use of this power to enact the Air (Prevention and
Control of Pollution) Act of 1981 and the Environment (Protection) Act of 1986.
The Preamble of these laws state that these Acts were enacted to implement the
decisions reached at the United Nations Conference on Human Environment held
at Stockholm in 1972. In Peoples Union for Civil Liberties v. Union of India the
Supreme Court held that the provisions of the International Covenant, which
elucidates and go to effectuate the fundamental rights guaranteed by our
constitution, can certainly be relied upon by courts as facets of those
fundamental rights and hence, enforceable as such.
In Vellore Citizens Welfare Forum v. Union of India 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.
Article 14.
The Indian Constitution guarantees right to equality to all persons without any
discrimination. This indicates that any action of the State relating to
environment must not infringe upon the right to equality as mentioned in the
Article 14 of the Constitution. The Stockholm Declaration, 1972, also recognized
this principle of equality in environmental management and it called up all the
worlds nations to abide by this principle.
The judiciary, on various occasions, have struck down the arbitrary official
sanction in environmental matters on the basis that it was violative of Article 14.
The right to equality is generally resorted to in urban development where
permission for construction is granted by the authorities arbitrarily under its
discretionary powers without evaluating the public interest and without
application of mind and considering the environmental impacts. In State of
Himachal Pradesh v.
Ganseh Wood Products the Supreme Court held that a decision making authority
must give due weight and regard to ecological factors such as the environmental
policy of the government and the sustainable use of natural resources. A
government decision that fails to take into account relevant consideration
affecting the environment is invalid.
The Court also used Article 14 to justify the Government policy in certain cases. In
Kholamuhana Primary Fisherman Cooperative Society v. State the government
had framed a policy regarding fishing in Chilka Lake so as to protect the
traditional rights of fisherman. The Court held that the said policy was neither
arbitrary nor ambiguous and hence not violative of Article 14 of the Constitution.
Further the Court pointed out that adoption of extensive and intensive prawn
culture to earn prawn dollars in disregard to ecology was not proper. The Court
has also struck down the action of the authorities if it was taken arbitrarily. In
Mandu Distilleries Pvt. Ltd., v. M.P. Pradushan Niwaran Mandal the Pollution
Control Board issued direction for stoppage of production by the industry on the
ground that it was causing water pollution.
However, the Court found that there was serious flaw in decision making
process. The decision was taken arbitrarily. The Court quashed the order passed
by the board as violative Article 14 of the Constitution. Article 19(1)(a) Article
19(1) (a) guarantees every citizen a fundamental freedom of speech and
expression.
In India most of the environmental jurisprudence has developed by judicial

activism. Most of the cases came before the Court as a result of public interest
litigations (PILs) in which the people exercised their freedom of speech and
expression sometimes by writing letters to the court or otherwise by filing
petitions before it, highlighting the violation of the rights of the people to live in
healthy environment in one way or the other. Freedom of speech and expression
under Article 19(1) (a) also includes freedom of press.
In India the public opinion and media have played an important role in molding
the public perception of environmental issues. In Kerala Sastra Sahitya Parishad
(KSSP) non-governmental organizations and influential environmentalists within
and outside the government and the role of the media compelled the
government to abandon the Silent Valley Project. In this case legal battle played
only a peripheral role.
Again in the Tehri Dam project, the public opinion and media compelled the
government to make proper Environment Impact Assessment (EIA) of the
proposed dam and consider all the aspects of safety of the project. The decision
of the government to construct Tehri Dam was scrutinized by the Supreme Court
in Tehri Virodhi Sangarsh Samiti v.
State of Uttar Pradesh in this case the main grievance of the petitioners was that
safety aspect have not been taken into consideration by the government in the
Tehri Dam Project. The Court on the perusal of the various recommendations of
the committees and factual matrix came to the conclusion that the government
has applied its mind and considered the relevant aspects of safety and finally
dismissed the petition. In P.A.Jacob v.
The Superintendent of Police, Kottayam the Kerala High Court held that freedom
of speech under Article 19 (1) (a) does not include freedom to use loud speakers
or sound amplifiers. Thus noise pollution caused by the loudspeakers can be
controlled under Article 19(1) (a) of the Constitution. In Moulana Syed Md.
Noorur Rehman Barkati v. State of West Bengal the Calcutta High Court observed
that excessive noise is certainly pollution in the society.
Under Article 19(1) (a) read with Article 21 of the Constitution of India, the
citizens have a right of decent environment and they have a right to live
peacefully, right to sleep at night and to have right to leisure which all are
necessary ingredients of the right to life guaranteed under Article 21 of the
Constitution. There are various other sources where the noise is created or
generated but which offends citizens right guaranteed under Articles 19(1) (a)
and 21 of the Constitution.
LOCAL SELF GOVERNMENT AND FEDERAL STRUCTURE OF GOVERNMENT India

has the distinction of being a unique federal country. Ordinarily, federalism
involves a two tier system central/union government at the first level and the
state/provincial government at the second level. But the Indian constitution
provides for a three tier federal structure as below: - Union Government at the
top State Government in the Middle Local Government i.e.
Panchayats and Municipalities at Grass Root As such, in India, Local Government

is the third stratum of the Government, the first two being the central and state
Governments. India is known to be the worlds largest democracy. In
constitutional sense, democracy is the system of Government, in the
administration of which, every adult citizen of the country enjoys some direct or
indirect share. Keeping in view the real spirit and high ideas of democracy, Local
Government forms an indispensable part of governance and administration in
India.
Local Self Government is the management of local affairs by such bodies who
have been elected by the people. It is widely accepted that self-governing
institutions at the local level are the essential for the national growth and for
effective peoples participation and that are an integral and indispensable part of
the democratic process.
Grass-roots levels of democracy based on small units of the government
enables people to feel a sense of responsibility and to inculcate the values of
democracy. All the same time, it also offers a unique opportunity to participate in
public affairs, including development work. The role of local government is crucial
for federal systems. First, local government is a key interface between civil society
and the state.
Democracy begins here, and if democratic structures are not established locally,
they will be missed elsewhere too. Then, local government has to be integrated
into the complex structure of a federal system. Its relationship to the larger
regional and national orders of government has to be defined, and it is necessary
to establish rules and procedures for its participation in the political decision-
making process.
The Local Governments jurisdiction is limited to a specific area and its functions
relate to the provision of civic amenities to the population being within its
jurisdiction. A Local Government functions within the provisions of the statute
which has created it. It is subordinate to the state or provincial government which
exercises control and supervision over it.
But the activities of the Local Government are not less numerous. Local
Government has been undertaking new activities which either regulated the
conduct of the citizens or are in the nature of service such as provision of mass
transport, construction of houses for the poor, supply of electricity, health
centers, parks, play grounds etc.
In fact, Local Government is today much more important in the daily life of a
citizen than the state or central government. The importance of Local
government can hardly be over emphasized when we consider the range, the
character and the impact upon the daily life of the citizen of the functions which
local authorities carry out.
Local Government provides public amenities and services which are necessary for
the convenience, healthful living and welfare of the individual and the
community. Breaking down of municipal services means the entire dislocation of
social and economic life of the community. If these services were suddenly to
cease, we should relapse into chaos.
The constitution of India aims at the establishment of a welfare state and

strengthening of Local Government may ensure its proper achievement. The
welfare services of the modern state, in view of the flexible technique of
administration they required, essentially municipal in principle and practice. Thus,
the essential characteristics of Local Government are (i) its statutory status (ii) its
power to raise finance by taxation in the area under its jurisdiction, (iii)
participation of local community in decision making in specified subjects and
their administration (iv) the freedom to act independently of central control and
(v) its general purpose, in contrast to single purpose, character.
BARRIERS TO EFFECTIVE ENVIROMENTAL GOVERNANCE AT LOCAL LEVEL The

impact of such complex structures on local government can be massive. Local
government may become the object of two standard-setting authorities. The
federal as well as the state government may define tasks and set frameworks for
the activities of local government.
If we consider the financial aspect, two larger orders of government may be an

advantage as local authorities may profit from two different sources of support.
However, there is also the risk that disputes between the federal and state
governments about which government has responsibility for a certain task or
programme may end up generating an unfunded mandate for local government.
In these cases, the relationship between local governments and the state or
provincial government usually poses no structural problem. Because there are
direct relations, task determination and standard setting, claims for assistance,
and supervision can be handled in a cooperative manner. However, the standing
of local government in these processes depends on the framework set by the
state.
Important items within the states regulations for local government may include a
legal (constitutional) guarantee of local self-rule (including financial autonomy),
protection against unfunded mandates, and an effective participation of local
government in the task- and standard-setting processes (e.g. in the state
legislative procedure).
It is equally important to enforce these rules so that there are legally defined
limits of state supervision over local government and also legal processes,
including access to independent courts. In these cases, the relationship between
local governments and the state or provincial government usually poses no
structural problem. Because there are direct relations, task determination and
standard setting, claims for assistance, and supervision can be handled in a
cooperative manner.
However, the standing of local government in these processes depends on the

framework set by the state. Important items within the states regulations for
local government may include a legal (constitutional) guarantee of local self-rule
(including financial autonomy), protection against unfunded mandates, and an
effective participation of local government in the task- and standard-setting
processes (e.g.
in the state legislative procedure). It is equally important to enforce these rules so

that there are legally defined limits of state supervision over local government
and also legal processes, including access to independent courts. A special
variation of this problem may occur with respect to federal grants for programs
administered by local governments.
Where direct financial relations between the federal and the local governments
are unheard of, federal money for a certain purpose is given to the constituent
state even if the respective programs is to be executed by local government. It is
then up to the state government to distribute the federal money in an
appropriate manner. In this context, it not only has to define the fair share of
each of its municipalities but it also has to make sure that the federal grant
arrives entirely in the hands of local government where the programs is carried
out.
Local governments often claim that the states have sticky fingers with respect
to the federal money the states are supposed to pass on to them. As these local
governments play a vital role in the social and economic development of the
country as a whole, they need more than appropriate funds and powers to meet
their increasing responsibilities. They also want to be taken seriously as partners
who can speak with their own voice.
However, in practice, the relation between local government and the

state/provincial and federal governments is determined not only by the
constitutional setting. The ways in which local government lobbying is organized
are equally important. A strong and qualified local government association is
needed to represent views and interests in the state and national arenas.
Inside local government associations, the problem will inevitably come up that
the positions of metropolitan and rural areas, or small and large communities, are
not necessarily alike. Party politics may be involved too. This requires a carefully
tailored lead association or, if this is not expedient, perhaps several organizations
where local bodies with special common structures and interests work together.
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Date: Thursday, November 09, 2017

INTRODUCUTION Environmental resources are an important ingredient of

Institutional as well as non-institutional mechanisms for ensuring that the long

Democratic decentralization in the country has been path-breaking. However, the

Conserving natural resource base in the country through effective environmental

It is a development process where exploitation of resources, direction of

Both environmental governance and good governance ideally lead to sustainable

However, given the common objective of sustainable development, it can be

To resurrect environmental problems as an international commitment; a number

The absence of any specific provision in the Constitution recognizing the

Environmental pollution which has emerged as one of the biggest social

Dakshinamurty that, Environment as a subject, environment as a concern and

Although unenforceable by a court, the Directive Principles are increasingly being

Kollwal V State of Rajasthan, a simple writ petition by citizens of Jaipur compelled

Article 253 The objectives of international environmental agreements would be

India is under an obligation to translate the contents and decisions of

In India most of the environmental jurisprudence has developed by judicial

LOCAL SELF GOVERNMENT AND FEDERAL STRUCTURE OF GOVERNMENT India

Panchayats and Municipalities at Grass Root As such, in India, Local Government

The constitution of India aims at the establishment of a welfare state and

BARRIERS TO EFFECTIVE ENVIROMENTAL GOVERNANCE AT LOCAL LEVEL The

If we consider the financial aspect, two larger orders of government may be an

However, the standing of local government in these processes depends on the

in the state legislative procedure). It is equally important to enforce these rules so

However, in practice, the relation between local government and the

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