Constitution of India and Environmental Studies

Study Materials

Unit-I

1. Meaning of Constitution & the salient features of Indian Constitution.

Meaning of Constitution: The Constitution of India is the supreme law of the land. It lays
down the framework defining fundamental political principles, establishes the structure,
procedures, powers, and duties of government institutions, and sets out fundamental rights,
directive principles, and the duties of citizens. It is the longest written constitution of any
sovereign country in the world. The Constitution was enacted by the Constituent Assembly
on 26 November 1949, and came into effect on 26 January 1950. The Constitution declares
India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice,
equality, and liberty, and endeavours to promote fraternity among them. India celebrates the
adoption of the constitution on 26 January each year as Republic Day.

Salient Features:

1. The lengthiest Constitution in the world: The Indian Constitution is the lengthiest and
the most detailed of all the Written Constitution of the world. While the American
Constitution originally consisted of only 7 Articles and The Indian Constitution originally
consisted of 395 Articles, 22 parts, 8 Schedules.

2. Written Constitution: There are two types of Constitutions in the world. Most of the
constitutions are written. The first modern written constitution was the American
constitution. On the other hand, the British constitution is unwritten. It consists of customs
and conventions which have grown over the years. In India, we have a written constitution.
The framers of our constitution tried to put everything in black and white.

3. Parliamentary form of Govt.: The Constitution of India establishes a Parliamentary form

of Govt. both at the centre and states. The President is the executive head of the State. The
real executive power is vested in the Council of Minister where head is the Prime Minister.
4. Partly flexible and partly rigid: Whether a constitution is rigid or flexible depends on the
nature of amendment. Some provisions of the Constitution of India can be amended by the
Indian Parliament with simple majority. The amendment of most other provisions of the
constitution requires a special majority in both houses of the parliament. There are some
other provisions of constitution which cannot be amended by the parliament alone.

5. Fundamental right:-Fundamental rights are defined under part III of the Indian
Constitution, and these can be claimed against the State under some reasonable restriction.
No law or executive action infringing a fundamental right can be regarded valid. Arts. 32/226
defines the machinery to protect the Fundamental right and Fundamental rights are not
absolute rights.

6. Adult Suffrage:- All man and woman above 18 years of age has been given the right to
elect representatives for the legislature.

7. An Independent Judiciary: Unless there is remedy there is no right, for this purpose an
independent and impartial Judiciary with a power of Judicial review has been established
under the constitution of India. It protects the rights of Citizens as well as Non Citizens.
Neither legislature nor executive can interfere in the functions of judiciary.

8. Single Citizenship: Though there is dual polity i.e. centre and states but it provides for a
single Citizenship for the whole of India i.e., the citizen of India. The American Constitution
provides for dual Citizenship.

9. Directive Principles of State Policy: D.P.S.P. Art 36 to 51 is defined in part IV of the

Indian Constitution set out the aims and objectives to be taken up by the states in the
governance of the Country. These are not justifiable.

10. Fundamental Duties (Art 51-A):- A chapter IV A was added in Constitutions by 42nd
Constitution (Amendment) Act 1976 by which 10 Fundamental duties were added. By 86 th
Constitutional (Amendment) Act 2002 11th duty was added.
11. Secularism: India is a secular state. Although the 42nd Amendment Act, inserted the
word 'secular' in the Preamble to the constitution, India has been secularism since
independence. India is a country of several religions and each individual has fundamental
profess any religion he likes. The State cannot force him to accept any specific India is a
secular state. In India, there is no State Religion. In matters relating to the state is neutral and
non-interfering. It does not patronize any religion. Nor discriminate against any religion

12. Preamble: The Preamble, the preface to the constitution, describes the source nature,
ideology, goals and objectives of the constitution. It describes India as a sovereign socialist,
secular, democratic republic and underlines the-national objective of social just : economic
justice and political justice as well as fraternity. It emphasises the dignity of the individual
and the unity and integrity of the nation. It declares that in India the people sovereign.

13. Democratic System: Our constitution lays a lot of emphasis on democratic values, and a
number of democratic institutions have been established to give shape to these values. The
centre, states and local self-governing bodies follow democratic principles, and all elections
from gram Panchayat to parliament are democratically held. All persons of 18 years age and
more, irrespective of their caste, religion and gender, are eligible to vote in elections, and the
constitution has provided for reservations in elections for dalits and tribal's. No democracy
can survive if citizens are not allowed fundamental rights. The Indian constitution has granted
a number of valuable fundamental rights to the citizens.

14. Welfare State: Our constitution aims at building a Welfare State. It provides for
development of weaker and depressed sections of the society. It underlines the need of
improving the conditions of women, Scheduled Castes and Scheduled Tribes who have
remained neglected for long. Our constitution is opposed to concentration of wealth and
means of production. Workers should be involved in management and they should get fair
wages. Children should not be exposed to hazards. All these provisions are expected to help
in building a Welfare State.
2. Preamble to the Constitution

Meaning of Preamble: Preamble generally sets the ideals and goals which the makers of the
constitution intend to achieve through that Constitution. Makers gave to the Preamble “the
place of pride”. It is also regarded as ‘a key to open the mind of the makers of the
Constitution which may show the general purposes for which they made several provisions in
the Constitution. It is a legitimate aid in the interpretation of provisions of the Constitution.

Text of the Preamble;

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.
Purposes which Preamble serves;

• It contains the enacting clause which brings the Constitution into force.

• It declares the great rights and freedoms which the people of India intended to secure
to all its citizens.

• It declares the basic type of government and polity which is sought to be established
in the country.

• It throws light on the source of the Constitution, viz, the People of India.

The words used in the preamble, We, The people of India… in our constituent
assembly…do hereby Adopt, Enact and give to ourselves this Constitution”, propound the
theory that the ‘sovereignty’ lies in the people,
Preamble declares Indian polity shall be as follows;

Sovereignty: By declaring us as a sovereign entity, Preamble emphasizes complete political

freedom. It implies that our State is internally powerful and externally free. She is free to
determine for herself without any external interference. Sovereignty is one of the most
important values of a State. It gives the State the dignity of existence. It would not receive
respect from within as well from outside if it does not possess the sovereign status.

Socialism: The word “socialist” was added to the Preamble by the 42nd amendment Act of
1976. The Constitution has deliberately imposed on us the ideal of socialist pattern of society
- a kind of Indian model of socialism to suit to our needs and temperament. It stands to end
all forms of exploitation in all spheres of our existence. Our Constitution directs the State to
ensure a planned and coordinated social advance in all fields while preventing concentration
of wealth and power in few hands.

Secularism: The word “secular” was inserted by 42nd constitutional amendment in the year
1976. India is a home to almost all major religions in the world. To keep the followers of all
these religions together secularism has been found to be a convenient formula. The ideal of
secularism in Indian context implies that our country is not guided by any religion or any
religious considerations. Constitution strictly prohibits any discrimination on the ground of
religion.

Democracy: The term ‘democratic’ signifies that India has a responsible and parliamentary
form of government which is accountable to an elected legislature. As a form of government
it derives its authority from the will of the people. The people elect the rulers of the country
and the latter remain accountable to the people. The people of India elect their governments
at all levels (Union, State and local) by a system of universal adult franchise; popularly
known as “One man one vote”.

Republic: As opposed to a monarchy, our Constitution prefers to remain a republic. The

office of the head of the state is an elected functionary. This idea strengthens and
substantiates democracy that every citizen of India (barring some who are constitutionally
disqualified) after attaining a particular age is equally eligible to become the head of the state
if he is elected as such. Political equality is its chief message. Any sort of hereditary rule is
thus regarded as a disvalue in India.
Objectives enshrined in the Preamble;

Justice – social, economic and political: Many provisions for the upliftment of downtrodden
people to achieve socio-economic justice. Special privileges for economically socially and
educationally backward people and also minorities

Liberty –of thought, expression, belief, faith and worship: The blessings of freedom have
been preserved and ensured to our citizens through a set of Fundamental Rights.

Equality – of status and of opportunity: Every citizen of India is entitled to equality before
law and equal protection of law. As a human being everybody has a dignified self. To ensure
its full enjoyment inequality in all forms present in our social structure has been prohibited.

Fraternity – it assures the dignity of the individual and the [unity and integrity of the
Nation] inserted by 42nd amendment in 1976: Fraternity stands for the spirit of common
brotherhood. In the absence of that, a plural society like India stands divided. Therefore, to
give meaning to all the ideals like justice, liberty and equality our Constitution gives ample
stress on fraternity.

Preamble as part of Constitution (Case laws): In re Berubari Union & Exchange of

Enclaves Supreme Court observed that the preamble is not part of the Constitution. In
Kesavanand Bharati v. State of Kerala, Court held that the preamble of the constitution was
part of the constitution. It was opined that “the preamble to our constitution is of extreme
importance and the constitution should be read and interpreted in the light of the grand and
noble vision expressed in the Preamble.”
3. Article 21– Part III of the Constitution of India

Introduction: The Constitution of India provides six Fundamental Rights under Chapter III.
These rights are guaranteed by the constitution. One of these rights is provided under article
21 which reads as follows: Art.21- No person shall be deprived of his life or personal liberty
except according to procedure established by law.

Life, Personal Liberty and Procedure established by law: Life includes living with human
dignity. Personal liberty means freedom from physical restraint and coercion which is not
authorized by law. In Maneka Gandhi v. Union at India,. The Court has given the widest
possible interpretation of Personal liberty. Thus Art 21 requires the following Conditions to
be fulfilled before a person is deprived of Personal liberty. There must me a valid law. The
law must provide a Procedure. The Procedure must be (just, fair and Reasonable) ensuring
Natural Justice and held that life is not merely confined to Physical existence. But it includes
within its ambit the right to live with Human dignity. A person’s life and personal liberty can
only be disputed if that person has committed a crime.

Implicit Rights under Art.21

 Right to travel abroad: Maneka Gandhi v. Union of India: Maneka Gandhi was
issued a passport on 1/06/1976 under the Passport Act 1967. The regional passport
officer , New Delhi issued a letter dated 2/7/1977 addressed to Maneka Gandhi , in
which she was asked to surrender her passport under section 10(3)(c ) of the Act in
public interest, within 7 days from the date of receipt of the letter. Maneka Gandhi
immediately wrote a letter to the Regional passport officer New Delhi seeking in
return a copy of the statement of reasons for such order. However the government of
India, Ministry of External Affairs refused to produce any such reason in the interest
of general public. Maneka Gandhi then filed a writ petition under Article 32 of the
constitution in the Supreme Court challenging the order of the government of India as
violating her fundamental rights guaranteed under Article 21 of the constitution. The
court finally held that the right to travel and go outside the country is included in the
right to personal liberty guaranteed under Article 21
 Right to live with human dignity (free from exploitation): includes health, nutrition,
shelter and other amenities necessary for descent living. The state is under a
constitutional obligation to see that there is no violation of the fundamental right of
any person, particularly when he belongs to the weaker section of the community and
is unable to wage a legal battle against a strong and powerful opponent who is
exploiting him. Both the Central Government and the State Government are therefore
bound to ensure observance of the various social welfare and labour laws enacted by
Parliament for the purpose of securing to the workmen a life of basic human dignity
in compliance with the directive principles of the state policy
 Right to livelihood- it implies earn livelihood through legal means and without loss
of personal liberty.
 Right to privacy: Mr.‘X’ v. Hospital ‘Z’ – Right to privacy can be restricted on the
ground of health.
 Right to shelter- includes adequate living space and descent-free surrounding, pure
water, electricity and other civic amenities.
 Right to health and medical assistance
 Right to pollution free environment: Murili Deora v. U. of I. (smoking in public
place in prohibited)
 Right to education: In Unni Krishnan v. State of A.P., the Court held that right to
education is fundamental Right U/A 21 as it directly flows from right to life and held
that the right to free education is available only to children until they complete the age
of 14 years. “86th” Indian Constitutional (Amendment) Act 2002”. Art 21-A was
added by this Amendment which define – The State shall provide free and
compulsory education to all children of the age 6 to 14 years

 Right to food
 Right to compensation
 Prisoner’s rights : Right to free legal aid
Right against solitary confinement
Right to speedy trial
Right against handcuffing
Right against inhuman treatment
Right against delayed execution
4. Right to Constitutional Remedies – Art. 32

Introduction: In the views of Dr. B.R. Ambedkar Art.32 is the very soul of the Constitution
and the very heart of it, without this provision the constitution would be a nullity. A right
without remedy does not have much substance. The declaration of Fundamental rights would
have been worth nothing if there is no effective mechanism for the enforcement of such
rights. Ubi jus ibi remedium latin maxim which denotes where there is right there is remedy.
It is remedy which makes the right real, if there no remedy there is no right at all.

Art. 32(1) guarantees the right to move the Supreme Court by “appropriate proceedings”,
for the enforcement of the fundamental rights conferred by Part-III of the Constitution. Right
of access to the Supreme Court u/Art.32 is a Fundamental Right itself. This article provides a
very important safeguard for the protection of the Fundamental Rights of the citizens of
India. Art.32 provides a guaranteed, quick & summary remedy for enforcing the Fundamental
Rights because a person can go straight to the Supreme Court without having to undergo the
dilatory process of proceeding from the lower to the higher Court as he has to do in other
ordinary litigation. Supreme Court is protector and guarantor of the fundamental rights. It is
the duty & privilege of Supreme Court to uphold the rights.

Art.32 Enforces Fundamental Right: As stated above, Art. 32 can be invoked only when
there is an infringement of a Fundamental Right. The jurisdiction conferred on the Supreme
Court u/art.32 is an important and integral part of the Indian Constitution.

Against whom a writ can be issued? By & large Fundamental Rights are enforceable
against the State. There are few rights which are also available against private persons such
as, Arts.17, 21, 23 or 24.

The Writs: Issuing writs is a very significant aspect of the Indian Constitution. Our
constitution confers jurisdiction to issue writs on the Supreme Court (Art.32) and High Court
(Art.226). The writs have been among the great safeguards provided by the British Judicial
System for upholding the rights & liberties of the people. It was the act of the great wisdom
& foresight on the part of the Constitution-makers to introduce writ system in India. The writ
system provides an expeditious & less expensive remedy than any other remedy available
through the normal Court-process.
Writ is a written command, precept or formal order issued by a Court, directing or
enjoining the person to whom it is addressed to do or refrain from doing some act. Art.32(2)
empowers the Supreme Court to issue orders or directions, or writs including writs in the
nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever
may be appropriate, for the enforcement of the petitioner’s Fundamental Rights.

1. The writ of Habeas Corpus: “Habeas Corpus” is a Latin term which literally means “you
may have the body”. This writ is used to secure release of a person who has been detained
unlawfully or without legal justification. The great value of the writ is that it enables an
immediate determination of a person’s right to freedom. Detention may be unlawful if it is
not in accordance with law, or the procedure established by law has not been strictly followed
in detaining a person, or there is no valid law to authorise detention.

Who can apply? The general rule is that an application can be made by a person who is
illegally detained. But this rule has been relaxed considerably. In certain cases, an
application can be made by any person on behalf of the prisoner i.e., a friend or a relation.
Because the courts regard personal liberty as one of the most cherished values of mankind.
Court has observed that even a postcard by a detenu from jail is sufficient to activise the court
into examining the legality of detention.

When it will lie? The writ of habeas corpus will lie if the power of detention vested in an
authority was exercised mala fide & is made in collateral or ulterior purposes. But if the
detention is justified the Court will not grant the writ of habeas corpus.

2. The writ of Quo Warranto: The words ‘quo warranto’ means ‘what is your authority’. By
this writ a holder of an office is called upon to show the court under what authority he holds
the office. The object of the writ of quo warranto is to prevent a person to hold an office
which he is not legally entitled to hold. It restricts the usurpation by person in the office when
certain prescribed qualifications has not been followed during the appointment of public
office, the Court will scrutinise the qualifications of person whose appointment was in
question.
Who can apply? This writ can be claimed by a person if he satisfies the court that;

1) The office in question is a public office; and

2) It is held by a person without legal authority.

Personal injury or personal grievance is not necessary to file the petition, petitions can also be
moved to test the validity of election of a person to a university syndicate, the mayor of a
municipal corporation, appointment of CM of a State, Advocate-General of a State etc.,

3. The writ of Mandamus: The word “mandamus” means “the order”. The writ of
mandamus is thus an order by superior court commanding a person or a public authority
(including the Govt & public corporation) to do or forbear to do something in the nature of
public duty or statutory duty.

When it will lie? Mandamus can be granted only when a legal duty is imposed on the
authority in question & the petitioner has a legal right to compel the performance of this duty.
So this writ can be issued only when there is a statutory duty imposed upon the officer
concerned, & there is a failure on the part of that officer to discharge the statutory obligation.
The chief function of the writ of mandamus is to compel the performance of public duties.

When it will not lie? This writ will not be granted in following circumstances;

1. When the duty is merely discretionary in nature this writ will not lie. In State of M.P. v.
Mandawara, the M.P. Govt made a rule making it discretionary to grant allowance to its
employees at a particular rate. The Supreme Court held that the writ of mandamus could not
be issued.

2. against private individual or any private organisation.

4. The writ of Prohibition: A writ of prohibition is issued primarily to prevent an inferior

court or tribunal from exceeding its jurisdiction, or acting contrary to the rules of natural
justice. It is issued by a Superior Court to inferior courts for the purpose of preventing
inferior courts from usurping a jurisdiction with which it was not legally vested, or in other
words to compel inferior courts to keep within the limits of their jurisdiction. The object of
prohibition is prevention rather than cure.
Ex; Supreme Court can issue writ of prohibition to restrain High Court from acting under an
unconstitutional law.

5. The writ of Certiorari: A writ of certiorari is issued by a Superior Court (Supreme Court
& High Courts) to an inferior court or body exercising judicial or quasi-judicial functions to
remove a suit from such inferior court. Certiorari is issued to quash a decision after the
decision is taken by a lower court. Writ lies on judicial bodies

Grounds on which writ can be issued;

1. Where there is want or excess of jurisdiction;

2. Violation of procedure or disregards of principles of natural justice

3. Resulting in an error of law apparent on the face of record.

Prohibition & Certiorari – Distinguished:

The writs of certiorari and prohibition are issued practically on similar grounds.

The only difference between the two is that certiorari is issued to quash a decision after the
decision is taken by a lower court while prohibition is issuable before the proceedings are
completed.

When the case is pending before the Court but it has not finally been disposed of, the
Supreme Court has to apply both prohibition and certiorari- prohibition to prevent the court to
proceed further with the case and certiorari for quashing what had already been decided.
5. Directive Principles of State Policy - Part – IV, Articles 36 to 51

Meaning & Nature: DPSP set out the aims and objectives to be taken up by the States in the
governance of country. These are borrowed from Irish Constitution. The DPSP strengthen &
promote the concept of welfare state by seeking to lay down some socio-economic goals
which the various govts strives to achieve. The State shall secure a social order in which
social, economic and political justice shall be achieved. DPSP seek to give certain directions
to the Govts in India to achieve these goals.

Objects: The directive principles are the ideals which the Union & State Govts must keep in
mind while they formulate policy or pass a law. These principles obligate the State to take
positive action in certain directions in order to promote the welfare of the people & achieve
economic democracy.

Characteristics: The DPSP possess two characteristics.

 Not enforceable (Art. 37)

 Fundamental in the governance of the country and it shall be the duty of the State to
apply these principles in making laws.

Art. 38 direct the State to strive “to promote the welfare of the people by securing a social
order in which justice, social, economic and political shall inform all the institutions of the
national life.” State shall strive to minimize the inequalities in income and endeavour to
eliminate inequalities in status, facilities and opportunities. This article incorporates part of
preamble within it concerning “justice, social, economic and political” Art.38 envisages not
only legal justice but socio-economic justice as well. Social justice is a dynamic device to
mitigate the suffering of the poor, weak, dalits, tribals & deprived sections of the society.

Art. 39 Certain principles of policy to be followed by the State: State shall direct its policy
towards securing;

(a) That all citizens, irrespective of sex, equally have the right to an adequate means of
livelihood;
(b) That the ownership and control of the material resources of the community are so
distributed as best to subserve the common good;
 (c) That the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment;
(d) That there is Equal pay for equal work for men and women;

(e) That the health and strength of the workers, men & women, tender age of children
are not abused and citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength.

(f) Children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation & against moral and material abandonment.

Art. 39-A Equal justice and free legal aid (42nd Amendment 1976) The State shall secure
that the operation of the legal system promotes justice, on a basis of equal opportunity and
shall, in particular, provide legal aid, by suitable legislation or schemes or in any other way to
ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.

Art. 40 Organization of Village Panchayats: State shall take steps to organise village
panchayats and endow them with such powers and authorities as may be necessary to enable
them to function as units of self governments.

Art. 41 Right to work, to education and to publish assistance in certain case: The State shall
within the limits of its economic capacity and development make effective provision for
securing Right to work, education and to public assistance in cases of unemployment, old
age, sickness and disablement etc

Art. 42 Provision for just and humane conditions of work and maternity relief

Art. 43 Living wage, etc for workers: Suitable measures for better living wages and ensure a
decent standard of life.

Art. 43-A Participation of workers in management of industries (42nd amendment 1976)

Art. 44 Uniform civil code for the citizens

Art. 45 Provision for early childhood care and education to children below the age of 6 years
Art. 46 Promotion of educational and economic interest of Scheduled Castes, Scheduled
Tribes and other weaker sections

Art. 47 Duty of the State to raise the level of nutrition and the standard of living and to
improve public health

Art. 48 Organization of agriculture and animal husbandry

Art. 48A Protection of environment (42nd Amendment)

Art. 49 Protection of monuments and places and objects of national importance

Art. 50 Separation of judiciary from executive

Art. 51 Promotion of international peace and security: The State shall endeavor to—
(a) Promote international peace and security;
(b) Maintain jus t and honorable relations between nations;
(c) Foster respect for international law and treaty obligations in the dealings of
organized peoples with one another; and
(d) Encourage settlement of international disputes by arbitration
6. Fundamental Duties – Part IVA, Art.51A

Introduction: ‘Duty’ is an obligation recognised by law to avoid conduct brought with

unreasonable risk of damage to another. 42nd amendment 1976 to the Constitution added this
new Part IV-A (Art. 51-A), which deals with Fundamental duties. Rights and duties are
correlative
Need for Fundamental Duties: The fundamental duties are intended to serve as a constant
reminder to every citizen that while the Constitution specifically conferred on them certain
fundamental rights, it also requires citizens to observe certain basic norms of democratic
conduct & democratic behaviour.
Fundamental Duties: Art. 51-A provides that, it shall be the duty of every citizen of India;
(a) To abide by the Constitution and respect the National Flag and the National Anthem;
(b) To cherish and follow the noble ideals which inspired our national struggle for
freedom;
(c) To uphold and protect the sovereignty, unity and integrity of India;
(d) To defend the country and render national service when called upon to do so;
(e) To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women;
(f) To value and preserve the rich heritage of our composite culture;
(g) To protect and improve the natural environment including forests, lakes, rivers and
wildlife, and to have compassion for living creatures;
(h) To develop scientific temper, humanism and the spirit of inquiry and reform;
(i) To safeguard public property & to abjure violence
(j) To strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavour and achievement
(k) Duty of parent or guardian to provide opportunities for education to his child between
the age of 6 and 14 years.(86th amendment, 2002 along with Art.21-A)

Enforcement of Duties: The duties incorporated in the Constitution are statutory duties &
shall be enforceable by law. Parliament, by law will provide penalties to be imposed for
failure to fulfill those duties & obligations.
7. Powers of President under Indian Constitution.

Introduction: Article 53(1) of the Constitution states that, the executive power of the Union
shall be vested in the President and shall be exercised by him either directly or through
officer subordinates to him in accordance with this Constitution.

The Powers of the President of India

1. Executive Power-The Executive powers of the Union shall be vested in the President of
India and shall be exercised by him directly or through the officers subordinate to him in
accordance with the Constitution. The Supreme Command of the Defence forces of the Union
be vested in the President.

2. Power to make appointments- The President chooses the Prime Minister and other
Ministers on the Advice of the Prime Minister. He will also have Power to appoint other high
officials of the State like.

i) Judges of the Supreme Court and High court (Art 124, 127)

ii) The Attorney General of India (Art 76)

iii) Controller and Auditor General of India (Art 148)

iv) Governors of States (Art 155)

v) Finance Commission (Art 280)

vi) Chairman and Members of Public Service Commission of the Union (Art 316)

3. Diplomatic Powers –As the head of the State, the President sends and receives
Ambassadors and other diplomatic representatives. All treaties and international agreements
are negotiated and conduct in the name of the President though subject to ratification by
Parliament.

4. Military powers – He is the Supreme Commander of the Defence forces of the country.
He has power to declare war and peace. The Parliament is empowered to regulate or control
the exercise of the military powers by the president.
5. Legislative Powers – Every Bill passed by both the houses of Parliament is to be sent to
the President for his Assent. If at any time except when both the Houses of Parliament are in
session, the President is satisfied that the circumstances exist which render it necessary for
him to take immediate action, he may promulgate such ordinances as the circumstance appear
to him to require.

6. Ordinance Making Power (Art 123) - If any time when both house at Parliament are not
in session, he may issue ordinance having same force of as an Act of Parliament. Such
ordinance must be laid before both houses of Parliament and shall have effect to six weeks of
unless Parliament by disapproved by resolution. An ordinance Promulgated under Art 123 is
a law having same force and effect as an Act at Parliament. The ordinance passed by the
President cannot be inquired into challenged in Courts. It can not violate fundamental rights.

7. Power to grant Pardons etc – The President shall have the power to grant Pardons,
reprieves, respites or remission of punishments or to suspend, remit or commute the
sentences of any person convicted of offences (a) in all cases where the Punishment of
sentences is by a Court martial (b) in all cases where the punishment of sentences for an
offence against any law relating to matter to which the executive power of the union extends
(c) in all cases where the sentence is a sentences of death.

8. Emergency Powers – If the President is satisfied in case of either one of the three types of
emergency (1) National Emergency Art 352 (2) State Emergency Art 356. (3) Finance
Emergency Art 360. The President may during the period of emergency suspend the right to
move to courts for the enforcement of fundamental right (except Art 20 & Art 21).

The President may direct the reduction of salaries of any class of State officials’ viz., the
judges of the Supreme Court and High Court. He may require all State money Bills to be
reserved for consideration of the President. After 42nd Constitutional (Amendment) Act 1976
it has amended 74th Article which says “There shall be a Council of Minister with the Prime
Minister as the Head to aid and advice the President who shall in exercises of his function act
in accordance with such advice.
8. Parliament: Loksabha & Rajyasabha

Introduction: The name of the Union Legislature is Parliament. There shall be a Parliament
for the Union which shall consist of the President & two Houses, known as the Council of
States and the House of the People (Art.79). Word Parliament is derived from the French
word ‘Parler’ means ‘to talk’. The term connotes a place where people sit & discuss national
& international problems & enact legislations for their country.

A. Council of States: It is composed of mainly of State representatives elected by the State

assemblies.

Composition:
1. Maximum membership will be 250 members
2. Out of these 250 members 238 are elected representatives of the States and Union
Territories
3. 12 members are nominated by the President out of those who have distinguished
themselves in the field of literature, science, art & social service.

The representatives of the States are elected by the elected members of the Legislative
Assembly of the State through the system of proportional representation, using a single
transferable vote (Art.80). They enjoy certain special powers - if Rajya Sabha passes a
resolution by a majority of not less than two-thirds of members present & voting saying that
it is “necessary or expedient in the national interest” that Parliament should make a law on a
matter enumerated in the State List, Parliament becomes empowered to make a law on the
subject specified in the resolution, for the whole or any part of the territory of India

B. House of People: It is composed of directly elected representatives on the basis of adult

franchise & territorial constituencies

Composition:
1. consists of 552 members,
2. Of whom 530 members are elected directly by the voters in the States,
3. Not more than 20 members to represent the Union Territories and
4. Not more than two members belonging to the Anglo-Indian community, appointed by the
President under Art.331. Art.81

Difference between Rajya Sabha & Lok Sabha:

1. Lok Sabha represents the people and Rajya Sabha represents States

2. Members of Lok Sabha are directly elected by the eligible voters. Members of Rajya Sabha
are elected by the elected members of State Legislative Assemblies in accordance with the
system of proportional representation by means of single transferable vote.

3. The normal life of every Lok Sabha is 5 years only. Before the tenure the President can
dissolve the Lok Sabha. Rajya Sabha is a permanent body however the 1/3rd of the members
shall retire every second year.

4. Lok Sabha is the House to which the Council of Ministers is responsible under the
Constitution. Money Bills can only be introduced in Lok Sabha. Also it is Lok Sabha which
grants the money for running the administration of the country.

5. The speaker of the house is selected and he can be impeached. The vice-president presides
over the Rajya Sabha. He can be impeached only by the Parliament.
9. Constitutional Provisions for SC & ST

Our Constitution has accepted the ideals of equality and justice both in the social and
political field. Accordingly it abolishes any discrimination to any class of persons on the
ground of religion, race or place of birth. Constitution provides many provisions for the
protection of certain class of citizens who are not adequately represented, such as, Scheduled
Caste and Scheduled Tribes, backward classes and minorities.

 Art. 46 of the Directive principles enjoins the State to take special care in promoting
the educational and economic interest of the weaker sections of the people.
 Part III of the Constitution guaranteeing fundamental rights contains many provisions
protecting minority rights, such as Arts. 14, 15, 16 and 17.
 Reservation of seats in Lok Sabha and State Assemblies (Arts. 330 and 332) these
articles provides for the reservation of seats for SC and ST in Lok Sabha and State
Assemblies respectively

National Commission for Scheduled Caste

• Art. 338 provides for the establishment of a National Commission for the Scheduled
Caste.
• It consists of a Chairman, Vice-chairman and 3 other members.
• Members of Commission shall be appointed by President of India.

Duties of Commission ; It shall be the duty of the Commission

(a) To investigate and monitor all matters relating to the safeguards for SCs and STs
under the Constitution and any other law or any order of the Govt and to evaluate the
working of such safeguards.
(b) To inquire into specific complaints with respect to the deprivation of rights and
safeguards of SCs and STs.
(c) To participate and advice on planning process of socio-economic developments of
SCs and STs and to evaluate the progress of their development under the Union and
any State.
(d) To present to the President reports upon the working of those safeguards annually
and at such other times as the Commission deems fit.
(e) To make recommendations as to the measures that should be taken by the Centre and
States for the effective implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the SCs and STs
(f) To discharge such other functions for protection, welfare and development and
advancement of SCs and STs as the President may by rule specify.

National Commission for Scheduled Tribes Art.338-A

• It shall consists of a Chairman, Vice-chairman and 3 other members.
• Members of Commission shall be appointed by President of India.
• Duties, powers and functions are same as that of National Commission for Scheduled
Caste.
10. The various types of emergency under Indian Constitution and their effects.

Introduction: The Constitution of India provides of three types of emergency.

(1) National Emergency – due to war, external aggression or armed rebellion (Art 352)

(2) State Emergency – due to the failure of constitutional machinery in States (Art 356)

(3) Financial Emergency – (Art 360)

(1) National Emergency – Art.352 provides that of the President is satisfied that a grave
emergency exists whereby the security of India or any part of India is threatened, either by
war or external aggression or armed rebellion (Inserted by the 44th Constitutional
(Amendment) Act 1978 he may make a proclamation of emergency in respect of the whole of
India or any part of India as may be specified in the proclamation. The proclamation of
Emergency may be varied or revoked by the President by a subsequent proclamation

A Proclamation of Emergency can be made even before the actual occurrence of event
contemplated in Art.352 has taken place if the President is satisfied that there is imminent
danger of war or external aggression or armed rebellion. Thus actual occurrence of the events
mentioned in Art.352 is not essential. An imminent danger of war or external aggression or
armed rebellion is enough for the Proclamation of emergency

Effects of Proclamation of National Emergency – The following are the consequences of

the Proclamation of national Emergency.
1. Extension of centre’s Executive Power.

2. Parliament is empowered to legislate on State Subject.

3. Centre is empowered to alter distribution of revenue between the union and the State (Art
354)

4. Suspension of fundamental rights guaranteed by Art.19 (Art 358)

5. Suspension of the enforcement of fundamental rights –(Art 359)

2. Failure of Constitutional Machinery in State – Art 356 says that if the President, on
receipt of a report from the Governor of a State or otherwise is satisfied that a situation has
arisen in which the Government of the state cannot be carried on in accordance with the
provisions of the constitution, he may issue a proclamation by which he -
(i) May assume to himself all or any of the powers vested in or exercisable by the Governor
to anybody or authority in the State

(ii) May declare that the powers of the Legislature of the State shall be exercisable by or
under the authority of Parliament.

(iii) May make such incidental and consequential provisions as may appear to him to be
necessary or desirable for giving effect to the object of Proclamation.

Effect of Proclamation of failure of Constitutional Machinery

When the Proclamation of Emergency is made under Art 356 (1), the Powers of the State
Legislature are to be exercised by Parliament, Parliament can confer on the President the
power to make laws for the states. Parliament may also authorise the President to delegate.
Such powers to any other authority as specified by himself. (Art.357) (1).(a) If the Lok Sabha
is not in session the President may authorise expenditure from the consolidated fund of State.
Pending sanction of such expenditure by parliament. 44th Amendment, 1978 amended Art
356 and substitutes the word „six months‟ for the words „one year‟ as it existed originally.

Financial Emergency – Art 360 Provides that if the President is satisfied that a situation has
arisen whereby the financial stability or credit of India or part of the territory there of is
threatened, he may be a proclamation make a declaration to that effect. The 44th Amendment
makes Art. 360 self-contained. It provides that the Proclamation of financial emergency shall
Cease to be in operation of the expiry of two months unless it has been approved by both
houses of Parliament. Such a proclamation may be revoked or varied by the President by a
subsequent proclamation. But if the Lok Sabha is dissolved during the period of two months
and resolution is approved by the Rajya Sabha, but not by the Lok Sabha the Proclamation
shall cease to operate at the expiry of 30 days from the date on which the New Lok Sabha
unless before the expiry of 30 days a resolution approving proclamation is passed by the Lok
Sabha.

Effects of the Financial Emergency: During the period when such a proclamation is in
operation, the executive authority of the Union shall extend to the giving of the „direction‟ to
any state to observe such canons of financial propriety as may be specified in the directions
and be deemed necessary by the President for maintaining financial stability and the credit of
the State. Any such direction may include a provision for the reduction of salaries and
allowances of all or any class of serving in a State, including the judges of the Supreme Court
and High Courts. It may also require that all money or financial bills are to be reserved for
the consideration of the President after they are passed by the Legislature of the State. The
duration of proclamation of financial emergency will be in operation for two months and
unless approved by President it shall cease to operate at the expiry of two months period.
11. Election Commission – Art.324

Introduction: Elections are an important part of democratic govt. If the elections for electing
the representatives are not fair and impartial, people lose faith in the entire democratic
system. Thus, to make sure that elections are free and fair, the Constitution of India u/Art.324
provides for an Election Commission. Election Commission is an Autonomous Quasi Judicial
Constitutional body

Composition: Election commission is a multi member commission. It consists of a Chief

Election Commissioner and two Election Commissioners. Members of the election
commission are appointed by the President of India. The Chief Election Commissioner shall
be the Chairman of the Election Commission.

Qualification: The Constitution of India doesn’t prescribe for any special qualification. As
per the convention Senior Civil Servant of the rank of the Cabinet Secretary are appointed to
the Election Commission

Terms of Service: Their terms and conditions of service are determined by the President
until the Parliament has passed a law. The Parliament in order to determine the conditions of
service had enacted Chief Election Commissioner and Other Election Commissioners
(Conditions of Service) Act 1993. Under the said Act, the tenure of the Election
Commissioners is 6 years or up to the age of 65 years whichever is earlier. The salary of the
Chief Election Commissioner is same as the Judges of the Supreme Court of India

Removal from the office: The method of removal of the Chief Election Commissioner from
the office is same as the removal of the Judges of the Supreme Court. The other members of
the Election Commission are removed on the recommendation made by the Chief Election
Commissioner to the President

Power & Functions of the Election Commission;

1) The superintendence, direction and control of elections. To conduct elections and to
look after all the problems connected with elections.

2) To prepare electoral rolls and get them revised before every election.
3) To supervise the machinery of elections throughout the country so that the elections
are held in a free and fair manner.

4) To conduct the elections of President, Vice-President, members of both the Houses of

Parliament, members of Legislative Assemblies and Legislative Councils of various
States.

5) To fix the date for the conduct of the Election

6) To give recognition to political parties as All India Parties or Regional Parties on the
basis of the votes received by them in the last elections and also to Derecognise the
political parties

7) To allot symbols of various political parties and independent candidates. It hears and
settles all the disputes with regard to symbols.

8) To cancel polls in case of large scale rigging, irregularities or violence.

9) To give opinion to the President of India about the possibility of holding elections in a
State under President's rule after the expiry of six months.

10) To advise the President or a Governor on matters pertaining to disqualification of a

legislator.

11) To conduct by-elections for filling up vacancies in Parliament or any State legislature.

12) To ask the candidates about the expenditure incurred by their Political party for the
election

13) Demarcation of consistencies

14) The commission can issue orders to the candidates to disclose the following
information

 The candidates previous record relating to criminal cases

 The assets of the candidate
 Educational qualification of the candidate
12. Amendment Procedure and Constitutional Amendments

A. Amendment Procedure (Art.368):

Introduction: The Constitution does not provide for separate constituent body; the power to
amend the Constitution is vested in Parliament. An amendment of the Constitution may be
initiated by introduction of a Bill for the purpose in either House of Parliament. Amendment
to the constitution takes place by way of addition, variation or repeal of any provisions of the
constitution.

Classification of amendments:
1. Articles amendable by simple majority
2. Articles which require special majority for their amendment and
3. Articles which require a special majority as well as ratification by the Legislature of
not less than one-half of the States.

1. Amendment by simple majority: Following provisions requires only simple majority

a) Admission or establishment of new States, formation of new States & alteration of
areas, boundaries or names of existing ones
b) Creation of abolition of Legislative Councils in States
c) Administration and control of Scheduled Ares and Scheduled Tribes

2. Amendment by special majority: A Bill seeking to amend the other part of the
Constitution has to be passed by a special majority i.e. a majority of the total membership of
that House and by a majority of not less than two-thirds of the members of that House present
and voting

3. Amendment by special majority & ratification by the States: A Bill seeking to amend
certain provisions has to be passed by a special majority of both the Houses of Parliament &
has also to be ratified by the Legislatures of not less than one-half of the States resolution to
that effect passed by those Legislatures before such a Bill is presented to the President for
assent. Following provisions require special majority & ratification by the States
 a) The election of the President
b) The SC & the HC
c) Distribution of legislative powers between the Union & the States
d) Any list in the VII schedule
e) The procedure for amendment of the Constitution itself.

B. Important Amendments to the Constitution of India

42nd Amendment: This amendment played a significant role in reshaping the provisions of
the Indian Constitution. It was enacted by the Parliament on 11 Nov, 1976. Important
Features of this Amendment are as follows:
1) It incorporated the terms “Socialist”, “Secular” and “Integrity” in the Preamble of
the Indian Constitution.

2) Asserted primacy of “Directive Principle” over “Fundamental Rights”.

3) Fundamental duties of the citizens were incorporated in the Constitution.

4) It asserted the supremacy of the Parliament in the amendment of the Constitution

of India.

5) Authorized the Supreme Court to transfer the cases from one High Court to
another High Court and also redefined the writ jurisdiction of the High Court

6) Established Administrative tribunal for the speedy justice

7) Authorized the President to make amendment to the whole of India or any part of
the territory thereof

8) Made it obligatory for the President to act on the advice of the Council of
Minister’s for issuing proclamation.

9) Authorised the use of Central armed forces in any State to deal with law and order
problems
44th Amendment(1978): The Act reverses the distorted version of the Constitution done,
under the 42nd Amendment Act, 1976, during the emergency.
1) The duration of the Lok Sabha and State Legislative Assemblies has been reduced
from six to five years

2) Constitutional protection for publication of the proceedings of Parliament and State

Legislatures except in cases where it is proved to be malicious.

3) Another important feature of the Act is that any proclamation of Emergency need
henceforward, be issued by the President only after receiving the advice of the
Cabinet as a whole in writing.

4) The President will not be called upon to act on the basis of advice by the Prime
Minister on his own without consulting his Cabinet

5) Other safeguards provide that the proclamation will have to be adopted by a two-
thirds majority of the members of both Houses of Parliament within a month

6) Fundamental right to Life and Liberty cannot be suspended even during the time of
Emergency

7) Right to Property was deleted from the list of Fundamental rights and was made just a
constitutional right

8) The detention of any person cannot be extended more than 2 months until the
Advisory Board has given an opinion as to the sufficient cause for the extension.
9) Issues relating to the question of disqualification of the member of the house of the
people was to be decided by the president and his decision shall be final
10) Any issue relating to the question of election to the post of President and Vice
President shall be decided by the Supreme Court and its decision shall be final.
 11) Right to Life and Liberty under Art 21 and Right relating to arrest under Art 20 shall
not be suspended during emergency.

74th Amendment was enacted to make sure that there is a direct election to Nagarpalikas and
Municipalities.

76th Amendment: The Supreme Court in Indra Swhney v. Union of India decided that the
reservation shall not exceed 50%. But the state of Tamil Nadu had been providing for 69%
reservation in its state through The  Tamil  Nadu   Backward   Classes,  Scheduled  Castes 
and Scheduled  Tribes (Reservation of Seats in Educational Institution and of  Appointments 
or Posts in the Services under the State) Act,  1993 (Tamil Nadu Act 45 of 1994).“ The 76th
Amendment inserted the above said legislation in 9th Schedule of the constitution to protect
the law from being challenged before the court of law

86th Amendment(2002) inserted

1) Article 21A: Making Right to Education as a Fundamental Right upto the age of 14
years
2) Clause (k) to Article 51A: Imposing a duty on the Parents and the guardians to
provide for education to their wards between the age of 6 and 14.
3) Substituted a new Article 45: Provision for early childhood care and education to
children below the age of six years.
“The State shall endeavour to provide early childhood care and education for all children
until they complete the age of six years”.

91st Amendment is regarding restricting the total number of ministers including PM/CM in
Lok Sabha & State Legislatures to 15% of the total number of the Union or State
Legislatures.
 Unit-III

1. Constitutional provisions for the protection of environment

(a) 42nd Amendment and environment protection:

Directive Principles of State Policy: Art. 47 Duty of the State to raise the level of nutrition
and the standard of living and to improve public health

Art. 48 Organization of agriculture and animal husbandry

Art. 48 A Protection and improvement of environment & safeguarding of forests and

wild life.

(b) Fundamental Duty Art.51A(g) : To protect and improve the natural environment
including forests, lakes, rivers and wildlife, and to have compassion for living creatures;

(c) Fundamental Rights and environmental protection: Provisions of Part III of Indian
constitution do not directly speak about environmental protection, but the pro active role of
judiciary has made creative interpretation of these provisions to involve environmental
protection.

1. Right to Equality and Environment protection

Art. 14 guarantees Rt to equality to every citizen of India. When this provision is read
in the light of Stockholm Declaration, it becomes manifest that principle of equality
has been recongnised in environmental management. Man has fundamental right to
freedom, equality and adequate conditions of life, environment.

2. Freedom of Trade and Commerce and Environment:

Art. 19(1)(g) guarantees fundamental freedom of trade and commerce, but it is not
absolute one, State can curtail this freedom by imposing restrictions when such
freedom is used to the detrimental of the environment.

3. Right to Life and Environment

 Art.21 guarantees right to life and personal liberty, it is the fundamental to the
fundamental rights. The words of art.21 have been expanded to cover environmental
protection by the creative interpretation of judiciary. Pollution free environment is a
Fundamental right u/art. 21 healthy environment enables quality of life being the
essence of the right guaranteed under Art. 21. Right to clean and healthy water and
air, these are the some of the implicit rights under right to life which indirectly speaks
about environmental protection.

4. Right to Constitutional remedies and Environment Art. 32 and Art. 226

Fundamental rights are enforceable in nature, under Art. 32 and Art. 226 Supreme
Court and High Courts are empowered to enforce fundamental rights respectively.
Many of writ petitions were filed in the form of Public Interest Litigation (PIL) to halt
the loss of environment.

(d) Art. 246 – Legislative powers of Union and States:

This provision empowers Union Govt and State Govts to enact laws according to lists
in VII Schedule. Many of the entries speak about environmental protection; Govts
can take legislative measures for the protection of environment.

These are the constitutional measures for the protection of environment. Though some of the
provisions may not expressly speak about environment, but judiciary has played a vital role
in the protection of environment by applying creative interpretation.
2. Environmental protection laws in India

Introduction: Today, halting the environmental pollution is prime object of world at large.
Legal response to environmental pollution at global level took shape because of the efforts of
United Nations Organisation. The Stockholm Declaration 1972 was the first major attempt to
conserve and protect the human environment at the international level. As a consequence of
this Declaration, the States were required to adopt legislative measures to protect and
improve the environment. Accordingly, Indian Parliament amended the constitution to insert
environmental protection provisions.

Environmental Laws in India: Apart from the constitutional mandate to protect & improve
the environment, there are a plenty of legislations in India for the conservation and protection
of environment. Those are;

a) The Environment (Protection) Act, 1986: The Environment (Protection) Act, 1986
was enacted to provide for the protection and improvement of the quality of environment and
preventing, controlling and abating environment pollution.

Objectives of the Act:

 Protection and improvement of environment

 Prevention of hazardous to human beings, other living creatures, plants and property.

Salient features of the Act:

 Wider definition of the term “Environment” to water, air and land and the inter-
relationship which exists among and between water, air and land and human beings,
other living creatures, plants, micro-organism and property.
 The Act has given vast powers to the Central Government to take measures with
respect of planning and execution of a nation-wide programme for prevention, control
and abatement environment pollution.
 Act empowers the Govt to lay down standards for the quality of environment,
emission or discharge of environmental pollutants;
  Central Govt is empowered to regulate industrial locations; to prescribe procedure for
managing hazardous substances, to establish safeguards for preventing accidents; and
to collect and disseminate information regarding environmental pollution. Govt is
also empowered to inspect the industry for the compliance of provisions of the Act
and Central govt is empowered to establish environmental laboratory for the analysis
of samples.
 Act also prescribes the penalties for contravention of the provisions of the Act, i.e.,
imprisonment for a term which may extend to 5 years or fine which may extend to 1
lakh rupees or both.

b) The Water (Prevention and Control of Pollution) Act, 1974: Water pollution is
one of the categories of environment pollution. Parliament has enacted this Act to prevent
water pollution.

Objectives of the Act:

The Water Act provides for the prevention and control of water pollution and the
maintaining or resorting the wholesomeness of water.

Salient features of the Act:

 The Act prohibits any poisonous, noxious or polluting matter from entering into any
stream or well.
 Central Govt and State Govts are empowered to appoint and constitute a Central
Pollution Control Board and State Pollution Control Board respectively.
 New industries are required to obtain prior approval of such Boards before
discharging any trade effluent, sewages into water bodies.
 It is one the main function of the Board to promote cleanliness of streams and wells in
different areas of the State and Boards are empowered to establish or recognize a
laboratory or laboratories for the efficient performance of its functions including
analysis of samples of water from any stream or well or sewage or trade effluents.

c) Air (Prevention and Control of Pollution) Act, 1981: Air (Prevention and Control
of Pollution) Act, 1981 is the outcome of the Stockholm Declaration 1972, one of the prime
objects of the conference is to preserve the natural resources of the earth including the
preservation of the quality of air and control of air pollution.
Objectives of the Act:

 Prevention control and abatement of air pollution

 Establishment of Boards for the successful implementation of the provisions of the
Act.

Salient features of the Act:

 The air Act defines an air pollutant as any solid, liquid or gaseous substance including
noise present in the atmosphere in such concentration as may be or tend to be
injurious to human beings or other living creatures or plants or property or
environment.
 Act provides provisions for the establishment of Central and State Boards for the
prevention and control of air pollution.
 The main function of the Boards under the Air Act is to improve the quality of air and
to prevent control and abatement of air pollution.
 Act provides that no person shall without the previous consent of the Board establish
or operate any industrial plant in an air-pollution control area.
 Boards are empowered to cancel the approval and may directs for the closure of the
industries to fulfill the purpose of the Act. Act empowers Boards to establish
laboratories and obtain samples for analysis.
 Act provides provision for offences and penalties, who ever contravenes the
provisions of the Act shall be made punishable.

d) The Wild Life (Protection) Act, 1972:

 This Act was enacted with a view to provide for the protection of wild animals, birds
and plants. The Act prohibits hunting of animals and birds, the Act also prohibits
picking, uprooting, damaging, destroying etc, any specified plant from any forest.
 The Act provides for State Wildlife Advisory Board to advise the State Govt in
formulation of the policy for protection and conservation of the wildlife and specified
plants, and in selection of areas to be declared as Sanctuaries, National parks, etc

e) The Forest (Conservation) Act, 1980

This Act was passed with a view to check deforestation of forests. The prime object
of the Act is conservation of forests and dealing with matters connected therto.
  The Act provides that no destruction of forests or use of forestland for non-forest
purposes can be permitted without the previous approval of the Central Govt.
 Act provides for the constitution of Advisory Committee to advice regarding grant of
approval matters relating to dereservation of forest.
 The conservation of forests includes not only preservation and protection of existing
forests but also re-afforestation.

f) The Biological Diversity Act, 2002

 Objective

 The main intent of this legislation is to protect India’s rich biodiversity and associated
knowledge (Traditional Knowledge) against their use by foreign individuals and
organizations without sharing the benefits arising out of such use, and check
biopiracy.

 Salient features:

 The Act provides for setting up of a National Biodiversity Authority (NBA), State
Biodiversity Boards (SBBs) and Biodiversity Management Committees (BMCs) in
local bodies.

 All foreign nationals/organizations require prior approval of NBA for obtaining

biological resources and/or associated knowledge for any use. Indian
individuals/entities require approval of NBA for transferring results of research with
respect to any biological resources to foreign nationals/ organizations.

 While granting approvals, NBA will impose terms and conditions to secure equitable
sharing of benefits. Before applying for any form of IPRs in or outside India for an
invention based on research or information on a biological resource obtained from
India, prior approval of NBA will be required

 Indian industry is required to give prior intimation to the concerned SBB about
obtaining any biological resource for commercial use, and the SBB may restrict the
activity if found to violate the objectives of conservation, sustainable use and benefit
sharing.
3. Meaning of Environmental Pollution and various types of environmental
pollution.

Introduction: The relationship between man and nature is in existence since time
immemorial. Environment is beautiful gift by supernatural to natural persons. Nature can
resist without man but man cannot survive without nature. The natural environment provides
the basic conditions without which humanity could not survive. But today overuse of natural
resources and many of human activities are causing severe damage to environment.

Meaning and Definition: Pollution is the introduction of harmful substances, particularly a

contaminant or toxin, which produces some kind of harmful impact on the environment or
living organisms.

Definition: According to Sec.2(c) of the Environment (Protection) Act, 1986,

“Environmental Pollution” means the presence of environmental pollutant in the
environment”. Sec 2(b) defines Environmental Pollutant as, “any solid, liquid or gaseous
substance present in such concentration as may be, or tend to be, injurious to environment”.

Types of Environmental Pollution: Basically there are 3 main types of environmental

pollution.

1. Water Pollution: Water pollution is one of the main types of pollution of the environment.
Water pollution could be in the form of any change in the physical, chemical and biological
properties of water which has a harmful effect on living things. It could take place in various
water sources, like ponds, lakes, rivers, seas and oceans.

Sec.2(e) of the Water (Prevention and Control of Pollution) Act, 1974 defines Water
Pollution as, “Contamination of water or such alteration of the physical, chemical or
biological properties of water or such discharge of any sewage or trade effluent or of any
other liquid, gaseous or solid substance into water(whether directly or indirectly) as may, or
is likely to, create a nuisance or render such water harmful or injurious to public health or
safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the
life and health of animals or plants or of aquatic organisms.
One of the causes of water pollution is the release of waste into the water bodies, for example
domestic wastes, industrial effluents, agricultural wastes, marine and radioactive waste. Other
causes of pollution in the sea include events such as oil spills and atmospheric deposition
where pollutants enter water bodies through falling particles, dissolving in rain and snow, or
directly dissolving in water

2. Air pollution: Air pollution is the accumulation in the atmosphere of substance that, in
sufficient concentrations, endanger human health or produce other measured effects on living
matter and other materials. Air pollution could also be in the form of disturbances to the
normal composition of the air such that there is an undesired effect on the environment or
living things. The Air (Prevention and Control of Pollution) Act, 1981 defines air pollution as
“any solid, liquid or gaseous substance including noise present in the atmosphere in such
concentration as may be or tend to be injurious to human beings or other living creatures or
plants or property or environment”. The most common sources of air pollution include the
burning of fossil fuels and other materials in oil refineries, power plants, factories,
automobiles and other forms of transportation, as well as the incinerators. Fumes from
aerosols and chemicals like paint also cause air pollution.

3. Land/Soil Pollution: Land pollution is another of the main types of pollution to the
environment. Land pollution is mainly about the contamination and degradation of Earth’s
land surfaces through misuse of the soil by poor agriculture practices, mineral exploitation,
industrial waste dumping, and indiscriminate disposal of urban wastes. It occurs when waste
from various sources – domestic waste, industrial waste, etc – are not properly disposed of,
causing harmful substances and chemicals to leach into the ground.

In the landfills, non-biodegradable materials like plastic bottles, Styrofoam and cans can
remain buried and intact for thousands of years, leaching chemicals into the ground over the
years. Electronic products that contain heavy metals like lead and mercury also leach
poisonous toxins into the ground. These chemicals and heavy metals sometimes reach the
underground water system and pollute our water bodies. Read about land pollution facts.
Land pollution can affect wildlife, plants and humans in many ways. Land pollution can
exterminate wildlife and disrupt the balance in nature. The chemicals found in polluted land
(eg. landfills, land where chemical pesticides are heavily applied) could be absorbed by
plants, and be transferred to animals and humans who eat the plants. In turn, the chemicals
could cause various health problems like respiratory problems, birth defects, skin diseases
and even cancer in the animals and humans.

4. Noise Pollution

Noise pollution is excessive, displeasing human, animal, or machine-created environmental

noise that disrupts the activity or balance of human or animal life. The source of most
outdoor noise worldwide is mainly construction and transportation systems, including motor
vehicle noise, aircraft noise, and rail noise. Poor urban planning may give rise to noise
pollution, since side-by-side industrial and residential buildings can result in noise pollution
in the residential area. High noise levels can contribute to cardiovascular effects in humans, a
rise in blood pressure, and an increase in stress and vasoconstriction, and an increased
incidence of coronary artery disease. In animals, noise can increase the risk of death by
altering predator or prey detection and avoidance, interfere with reproduction and navigation,
and contribute to permanent hearing loss
4. Noise pollution, its causes and its effects

Introduction: The present generation and the coming generations have to solve three grave
problems, namely, population, poverty and pollution if they have to survive. Pollution being
the most dangerous problem likes cancer in which death is sure but slow. Environment
pollution is assuming dangerous proportions all through the globe and India is not free from
this poisonous disease. This is the gift of modern living, industrialization and urbanization.
Unless timely action is taken we have a forbid and bleak future for the world.

Definition and meaning: The word noise is derived from the Latin term ‘Nausea’. It has
been defined as unwanted sound, a potential hazard to health and communication dumped
into the environment with regard to the adverse effect it may have on unwilling ears. Noise is
defined as unwanted sound. Sound, which pleases the listeners is music and that which causes
pain and annoyance is noise. At times, what is music for some can be noise for others.

Section 2 (a) of the Air (Prevention and Control of Pollution) Act, 1981 includes noise in the
definition of ‘air pollutant’. Section 2(a) air pollution means any solid, liquid or gaseous
substance including noise present in the atmosphere such concentration as may be or tent to
injurious to human beings or other living creatures or plants or property or environment.

Pollution is a noise derived from the verb pollute. Section 2(c) of the Environment
(Protection) Act, 1986 defines environmental pollution to mean the presence in the
environment of any environmental pollutant. Section 2 (b) of the said Act defines
environmental pollutant to means any solid, liquid or gaseous substance present in such
concentration as may be ,or tends to be injurious to environment.

Noise can be described as sound without agreeable musical quality or as an unwanted or

undesired sound. Thus noise can be taken as a group of laud, non harmonious sounds or
vibrations that are unpleasant and irritating to ear.

Sources/causes of Noise Pollution: Noise pollution like other pollutants is also a by- product
of industrialization, urbanizations and modern civilization. Broadly speaking, the noise
pollution has two sources, i.e. industrial and non- industrial. The industrial source includes
the noise from various industries and big machines working at a very high speed and high
noise intensity. Non-industrial source of noise includes the noise created by
transport/vehicular traffic and the neighbourhood noise generated by various noise pollution
can also be divided in the categories, namely, natural and manmade. Most leading noise
sources will fall into the following categories: roads traffic, aircraft, railroads, construction,
industry, noise in buildings, and consumer products.

1. Road Traffic Noise: In the city, the main sources of traffic noise are the motors and
exhaust system of autos , smaller trucks, buses, and motorcycles. This type of noise can be
augmented by narrow streets and tall buildings, which produce a canyon in which traffic
noise reverberates.

2. Air Craft Noise: Now-a-days , the problem of low flying military aircraft has added a new
dimension to community annoyance, as the nation seeks to improve its nap-of the- earth
aircraft operations over national parks, wilderness areas , and other areas previously
unaffected by aircraft noise has claimed national attention over recent years.

3. Noise from railroads: The noise from locomotive engines, horns and whistles, and
switching and shunting operation in rail yards can impact neighbouring communities and
railroad workers. For example, rail car retarders can produce a high frequency, high level
screech that can reach peak levels of 120 dB at a distance of 100 feet, which translates to
levels as high as 138, or 140 dB at the railroad worker’s ear.

4. Construction Noise: The noise from the construction of highways, city streets , and
buildings is a major contributor to the urban scene . Construction noise sources include
pneumatic hammers, air compressors, bulldozers, loaders, dump trucks (and their back-up
signals), and pavement breakers.

5. Noise in Industry: Although industrial noise is one of the less prevalent community noise
problems, neighbours of noisy manufacturing plants can be disturbed by sources such as fans,
motors, and compressors mounted on the outside of buildings Interior noise can also be
transmitted to the community through open windows and doors, and even through building
walls. These interior noise sources have significant impacts on industrial workers, among
whom noise- induced hearing loss is unfortunately common.

6. Noise in building: Apartment dwellers are often annoyed by noise in their homes,
especially when the building is not well designed and constructed. In this case, internal
building noise from plumbing, boilers, generators, air conditioners, and fans, can be audible
and annoying. Improperly insulated walls and ceilings can reveal the soundof-amplified
music, voices, footfalls and noisy activities from neighboring units. External noise from
emergency vehicles, traffic, refuse collection, and other city noises can be a problem for
urban residents, especially when windows are open or insufficiently glazed.

7. Noise from Consumer products: Certain household equipment, such as vacuum cleaners
and some kitchen appliances have been and continue to be noisemakers, although their
contribution to the daily noise dose is usually not very large.

Harmful Effects: On Human Being, Animal and Property: Noise has always been with the
human civilization but it was never so obvious, so intense, so varied & as pervasive as it is
seen in the last of this century. Noise pollution makes men more irritable. The effect of noise
pollution is multifaceted & inter related. The effects of Noise Pollution on Human Being,
Animal and property are as follows:

1. It decreases the efficiency of a man: Regarding the impact of noise on human efficiency
there are number of experiments which print out the fact that human efficiency increases with
noise reduction.

2. Lack of concentration: For better quality of work there should be concentration, Noise
causes lack of concentration. In big cities, mostly all the offices are on main road. The noise
of traffic or the loud speakers of different types of horns divert the attention of the people
working in offices.

3. Fatigue: Because of Noise Pollution, people cannot concentrate on their work. Thus they
have to give their more time for completing the work and they feel tiring

4. Abortion is caused: There should be cool and calm atmosphere during the pregnancy.
Unpleasant sounds cause irritation to a lady. Sudden Noise causes abortion in females.

5. It causes Blood Pressure: Noise Pollution causes certain diseases in human. It attacks on
the person’s peace of mind. The noises are recognized as major contributing factors in
accelerating the already existing tensions of modern living. These tensions result in certain
disease like blood pressure or mental illness etc.
6. Temporary or permanent Deafness: The effect of nose on audition is well recognized.
Mechanics, locomotive drivers, telephone operators etc. All have their hearing impairment as
a result of noise at the place of work. Physictist, physicians & psychologists are of the view
that continued exposure to noise level above. 80 to 100 db is unsafe, loud noise causes
temporary or permanent deafness.

7. EFFECT ON VEGETATION Poor quality of Crops: Now is well known to all that
plants are similar to human being. They are also as sensitive as man. There should be cool &
peaceful environment for their better growth. Noise pollution causes poor quality of crops in
a pleasant atmosphere.

8. EFFECT ON ANIMAL: Noise pollution damages the nervous system of animal. Animal
looses the control of its mind. They become dangerous.

9. EFFECT ON PROPERTY: Loud noise is very dangerous to buildings, bridges and

monuments. It creates waves which struck the walls and put the building in danger condition.
It weakens the edifice of buildings.

Legal Control:
(a) Constitution of India

Right to Life: Article 21 of the Constitution guarantees life and personal liberty to all persons.
It is well settled by repeated pronouncements of the Supreme Court that right to life
enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to
life with human dignity. Anyone who wishes to live in peace, comfort and quiet within his
house has a right to prevent the noise as pollutant reaching him.

Right to Religion and Noise: Right to religion does not include right to perform religious
activities on loud speaker and electronic goods which produce high velocity of noise.

Directive Principal of State Policy: The state has the object to make the environment
pollution free.

Fundamental Duties: every citizen of the country has the fundamental duty to clean the
environment.
Motor Vehicle Act- Provision Relation to use of horn and change of Engine: In Motor
vehicle Act rules regarding use horns and any modification in engine are made.

Noise Pollution Control Rule 2000 under Environment Protection Act 1996: Further for
better regulation for noise pollution there are The Noise Pollution ( Regulation and Control )
Rules, 2000 – in order to curb the growing problem of noise pollution the government of
India has enacted the noise pollution rules 2000.
5. Environment Impact Assessment (EIA) & Sustainable Development

A. Environment Impact Assessment (EIA)

Introduction: Harmony is essential between management of development with environment.
EIA is one of the prime policies to prevent the environmental pollution. With a view to
ensure Environmental Protection and Sustainable Development, the Ministry has taken
several policy initiatives. One such initiative is the Notification on Environmental Impact
Assessment (EIA) of developmental projects.

Objectives: The point to be noted here is that “prevention is better than cure” is accepted
theory in case of EIA. The objectives are;
•To foresee the potential environmental problems
•Address the problems in the project planning and design phase

Meaning and Definition: An environmental impact assessment (EIA) is an assessment of

the possible positive or negative impact that a proposed project may have on the
environment, together consisting of the environmental, social and economic aspects.
Environmental impact assessment is defined as, “an activity designed to identify and predict
the impact of legislative proposals, policies, programmes, projects and operational procedures
on the biogeophysical environment and on the health and well being of human beings” and to
interpret and communicate information about the impact.

Goals of EIA:
• Resource conservation
• Waste minimisation
• Use efficient equipment
• Recovery of by-product
• Recycle and reuse

Benefits of EIA: There are many benefits from an effective EIA, such as;
• Promoting integrated environment and development decision making.
• Reduces time and cost of project implementation.
• Facilitating the design of environmentally sustainable policies and plans
• Cost saving modifications in project planning.
 • Considerations of a large range of alternatives.
• Increased project acceptance.
• Avoiding environmental impacts and violations of laws and regulations.
• Reduction of waste treatment expenses.
• Maintenance of biodiversity.
• Reduced resources utilisation.
• Mechanism for public engagement to sustainability.
• Improved human health.

B. Sustainable Development
Introduction: BRUNDTLAND COMMISSION REPORT, 1987 (OUR COMMON
FUTURE) defines Sustainable development as, “Development that meets the needs of the
present without compromising the ability of future generations to meet their own needs“. It is
the management & conservation of the natural resource base & the orientation of
technological & institutional change in such a manner as to attain & continued satisfaction of
human needs for the present & future generation in the environment.

Objective: Sustainable Development strategy has the objective of enabling all people
throughout the world to satisfy their basic needs and enjoy a better quality of life, without
compromising the quality of life of future generation.

Action Strategies for Sustainable Development: The following are some action strategies
for achieving sustainable development.
 Control the population growth.
 Minimization of waste.
 Conserve natural resources like air, water, forests, biodiversity and soil etc.,
 Conservation of energy resources.
 Place more emphasis on waste reduction and pollution prevention.
 Reuse, recycle and recover matter from the waste generated.
 Design a product that can withstand wear, stress and degradation.
 Make the things that last longer and remanufacture.
 Use locally available renewable energy resources such as sun, wind, etc
 Help to sustain Earth’s biodiversity with emphasis on protecting vital habitats
for wild life species.
 Foster a company culture of sustainability.
 Accountability and responsibility of economic decision makers.
 Initiate voluntary performance improvement.